IRLF 


273    fibb 


GIFT  OF 


Key  to 

American 

Citizenship 


The  result  of  three 
years'  teaching  in  the 
Citizenship  School  of 
the  City  of  Oakland 


LYMAN  GRIMES 

of  the 
SAN  FRANCISCO  BAR 


KEY  TO 
AMERICAN  CITIZENSHIP 

The  result  of  three  years*  teaching  in  the 
Citizenship  School  of  the  City  of  Oakland 


BY 
LYMAN    GRIMES 

Attorney  at  Law 
613  Holbrook  Building 
San  Francisco,  California 


Copyright,  1916 
By  LYMAN  GRIMES 


PERNAU  PUBLISHING  COMPANY 

753  MARKET  STREET 
SAN  FRANCISCO,  CALIFORNIA 


INDEX 

Page 

Eeasons  for  Becoming  an  American  Citizen 1 

What  One  Must  do  to  Become  a  Citizen 1 

Declaration  of  Intention  and  Second  Papers 2 

Oath  of  Allegiance 3 

Early  Development  of  Government  in  America. ...  4 

Constitution  of  the  United  States 10 

State  Governments    73 

Government   of   California 73 

County  Government   84 

List  of  Counties 86 

Town  Government 87 

City  Government 88 

Declaration  of  Independence 91 

Words  and  •  Tjieir  Mannings ; .  ; 97 

List  of  ^widents. ;..-,.  > ,  , 99 

Books  on  American '  Government ."..                            .  100 


Preface 


The  first  duty  of  the  future  citizen  is  to  familiar- 
ize himself  with  the  Constitution  of  the  United 
States.  On  this  document  the  examination  for  nat- 
uralization is  based.  For  this  reason  I  have  ex- 
plained the  Constitution  section  by  section,  as 
simply  as  possible. 

The  object  of  this  book  is  to  insure  the  reading 
of  the  Constitution.  The  various  questions  asked 
by  the  court  are  to  be  found  interspersed  between 
the  sections  of  the  Constitution  which  are  set  out 
in  heavy  type. 


Key  to  American  Citizenship 


REASONS   FOB  BECOMING   A   CITIZEN. 

There  are  many  reasons  why  the  foreign  born 
person  who  comes  here  should  wish  to  become  a 
citizen. 

1.  There  are  rights  which  are  given  to  a  citizen, 
which  are  not  given  to  one  who  is  not  a  citizen. 

2.  I  wish  to  vote,  so  that  I  may  have  a  say  in 
the  government  in  which  I  live  and  am  bringing 
up  my  family. 

3.  This  is  the  country  where  I  am  getting  my 
living  and  I  feel  that  I  owe  it  my  love  and  whatever 
I  can  do  for  it.     This  I  can  best  accomplish  by 
becoming  a  citizen. 

4.  I  wish  to  become  a  citizen  of  this  country 
because  this  is  my  home  and  my  adopted  country 
and  one  that  I  am  going  to  live  and  die  in. 

5.  All  those   rights   guaranteed   citizens   in  the 
first  ten  amendments  to  the  Constitution,  and  in 
the  fourteenth  amendment  are  good  reasons  why 
I  wish  to  become  an  American  citizen. 

WHAT   ONE   MUST   DO   TO   BECOME   A    CITIZEN. 

An  alien  must  have  lived  continuously  within  the 
United  States  five  years  at  least,  and  within  the 
state,  territory  or  district  where  the  court  is  held 
one  year  at  least  before  his  application.  During 
that  time  he  must  have  behaved  as  becomes  a  man 
of  good  moral  character,  in  sympathy  with  the 
Constitution  of  the  United  States. 


DECLirtlTION  OF  INTENTION  AND  SECOND  PAPERS. 

At  least  two  years  before  his  admission  to  citizen- 
ship, he  must  declare  upon  oath  before  a  competent 
court,  and  after  he  has  reached  the  age  of  eighteen 
years,  that  it  is  his  intention  to  become  a  citizen, 
and  to  renounce  his  allegiance  to  any  foreign  prince, 
king  or  state. 

The  petition  for  second  papers  must  be  made  not 
less  than  two,  nor  more  than  seven  years  after  the 
intention  to  become  a  citizen.  This  time  limit 
does  not  apply  to  cases  of  intention  expressed  be- 
fore September  27,  1906. 

The  petition  must  be  filled  out  and  filed  in  dupli- 
cate, with  the  declaration  of  intention,  and  if  his 
immigration  into  the  United  States  came  after  June 
29,  1906,  there  must  also  be  filed  the  certificate  from 
the  department  of  commerce  and  labor  stating  the 
date,  place  and  manner  of  the  applicants  arrival. 
The  petition  must  be  signed  by  the  applicant  in  his 
own  handwriting,  and  must  be  verified,  or  sworn 
to,  by  the  affidavits  of  at  least  two  credible  wit- 
nesses, who  are  citizens  of  the  United  States.  It 
must  disclose  that  he  has  resided  continuously  with- 
in the  United  States  for  at  least  five  years,  next 
preceding  the  time  of  the  filing  of  the  petition,  and 
that  he  has  also  resided  for  at  least  one  year  with- 
in the  state  in  which  the  application  was  made. 

Where  he  has  not  resided  within  the  state  for 
five  years,  he  may  prove  his  residence  within  the 
state  by  witnesses,  and  his  remaining  residence 
elsewhere  by  deposition. 


Exceptions  to  the  first  rule  of  intention: 

1.  An  honorably  discharged  soldier  having  the 
necessary  qualifications  as  to  residence.     This  ap- 
plies to  aliens  honorably  discharged  from  the  navy 
or  the  marine  corps ; 

2.  The  widow  or  minor  children  of  one  who  has 
declared  his  intention  to  become  a  citizen  but  who 
dies  before  he  is  actually  naturalized; 

3.  Any  person  qualified  to  become  a  citizen,  who 
has  resided  within  the  United  States  for  five  years 
next  preceding  May  1,  1910,  and  who  because  .of 
misinformation,  has  acted  under  the  impression  that 
he  was   or  could  become  a   citizen,   and  who   has 
exercised  the  rights   of  a   citizen   or  an   intended 
citizen. 

OATH  OF  ALLEGIANCE. 

It  is  essential  that  at  the  time  of  his  applica- 
tion that  the  alien  renounce  forever  all  allegiance 
and  fidelity  to  any  foreign  state,  sovereignty,  etc., 
and  that  he  will  support  the  Constitution  of  the 
United  States. 

It  is  essential  that  the  citizen  specify  that  he 
is  not  an  anarchist,  that  is  one  who  believes  in  no 
form  of  government,  but  rather  the  death  of  all 
rulers. 

He  must  believe  in  monogamy  or  the  system  of 
one  wife  only. 

He  must  be  willing  to  fight  for  this  new  country 
of  his,  even  though  we  were  at  war  with  his  mother 
land. 


THE    EAELT    DEVELOPMENT    OF    GOVERNMENT 
IN  AMERICA. 

Although  America  was  discovered  by  Columbus 
in  1492  (some  say  in  the  year  1000  by  Leif  the 
Lucky,  or  Leif  Ericksen)  no  English  settlement  was 
made  until  the  year  1607  when  John  Smith  came 
with  a  small  party  of  Englishmen  to  Jamestown, 
Virginia.  Soon  after  this  in  1620  the  Pilgrim 
Fathers  founded  Plymouth,  Massachusetts.  From 
this  time,  until  the  final  break  with  England  in 
1775,  the  outset  of  the  Eevolutionary  War,  there 
was  a  constant  stream  of  colonists  crossing  the 
Atlantic  to  try  their  fortune  in  the  new  land. 

There  were  various  reasons  why  people  came  to 
America.  Some  wished  to  worship  God  in  their 
own  fashion  undisturbed  by  the  interference  of 
kings,  priests,  or  ministers  of  other  churches. 
Others  came  to  seek  gold  and  adventure;  still 
others,  because  they  were  sold  as  slaves  to  planters 
to  work  out  their  freedom  by  years  of  service. 
These  were  white  men  and  women. 

Men  cannot  live  together  without  a  government 
of  some  kind,  so  these  Englishmen  were  not  long 
in  organizing  and  adopting  the  rules  and  regula- 
tions they  formerly  lived  under  in  England. 
Englishmen  had  been  fighting  their  kings  for  hun- 
dreds of  years  for  more  and  more  liberty,  and  the 
colonists  in  the  new  world  did  not  wish  to  lose 
these  privileges. 

To  secure  these,  each  of  the  thirteen  colonies  had 
a  written  document  or  paper  called  a  charter, 
which  set  out  the  kind  of  a  government  the  people 
were  to  live  under  and  what  rights  and  privileges 


they  were  to  enjoy.  Most  of  these  charters  were 
sent  out  by  the  King,  the  others  were  prepared  by 
the  colonists  themselves.  Since  these  charters  were 
not  all  alike,  the  governments  in  the  different  col- 
onies were  not  absolutely  similar.  Inasmuch,  how- 
ever, as  the  King  of  England  was,  with  Parliament, 
the  head  of  them  all,  the  government  of  one  colony 
did  not  differ  very  much  from  another.  The 
colonial  governments  were  of  three  types  or  kinds: 
Royal,  whose  governors  were  sent  out  by  the  King 
himself;  Proprietary,  whose  governors  were  sent 
out  from  England  by  the  owners  of  the  colony  or 
were  governed  by  the  owner  himself;  Charter, 
whose  governors  were  either  elected  by  the  people 
themselves  or  were  sent  out  by  the  directors  of  the 
great  colonial  corporations  that  helped  manage  the 
affairs  of  some  of  the  colonies. 

While  these  governors  saw  that  the  laws  of  Par- 
liament were  enforced,  they  also  executed  the  local 
laws  and  regulations  of  the  colonial  assemblies. 

So  the  affairs  of  these  early  Americans  prospered 
until  by  the  year  1775  fully  two  million  people  had 
migrated  to  these  shores.  Among  these  were  Ger- 
mans, Dutch  and  Swedes,  but  the  great  majority 
were  English. 

England  meanwhile  was  governed  by  German 
Kings  who  did  not  understand  the  needs  of  either 
England  or  her  possessions.  The  result  was  that 
the  Home  Government  fell  into  the  hands  of  a  lot 
of  plundering  politicians  who  used  their  offices 
merely  for  the  purpose  of  filling  their  pockets. 
They  knew  nothing  of  America,  so  felt  perfectly 

5 


secure  in  oppressing  the  colonists.  The  numerous 
grievances  that  were  inflicted  on  the  Americans  are 
found  in  the  Declaration  of  Independence,  which  is 
set  out  later.  The  chief  grievance  was  that  the 
colonists  were  taxed  without  giving  them  a  vote 
as  to  the  spending  of  their  money.  Since  English- 
men at  home  had  this  right  of  seeing  what  became 
of  their  money,  the  Englishmen  in  America  felt  that 
they  were  entitled  to  the  same  privilege.  This  and 
the  other  reasons  set  out  in  the  Declaration  of 
Independence  caused  the  final  separation  from 
England  and  the  War  of  the  Revolution,  1775  to 
1783. 

With  the  outbreak  of  the  war,  the  central  govern- 
ment which  had  bound  the  states  or  colonies  to- 
gether disappeared,  and  the  first  thing  to  be  done 
was  to  organize  the  thirteen  separate  states  into 
one  strong  body. 

Representatives  from  the  thirteen  states  met  and 
discussed  different  plans  during  1775  and  1776. 
In  1777  the  Articles  of  Confederation  were  adopted 
which  Hnked  the  states  together  into  a  Union.  This 
confederation  united  the  thirteen  governments  more 
strongly  than  an  alliance,  but  not  so  strongly  and 
so  intimately  as  later  under  the  Federal  Constitu- 
tion. These  articles  were  not  formally  ratified 
by  the  states  until  1781.  They  lasted  thereafter 
until  1789  when  the  present  Constitution  was  put 
into  effect.  The  governing  body  during  the  war 
was  a  group  of  men  from  the  several  states  known 
as  the  Continental  Congress. 


The  Articles  of  Confederation  were  a  great  help 
to  the  people  during  the  war  serving  to  hold  them 
together  in  the  face  of  the  enemy,  but  when  peace 
came  they  were  not  sufficiently  strong.  The  gov- 
ernment under  the  Articles  of  Confederation  was 
very  poorly  organized.  It  had  no  executive  branch 
like  our  President  and  Cabinet,  and  instead  of  a 
two-chambered  legislature  it  had  but  one  house. 
All  the  powers  were  united  in  a  single  body  with 
the  result  that  there  was  not  the  protection  to  the 
people  that  is  to  be  found  in  our  government  today. 

Congress  under  the  Articles  could  make  treaties 
but  could  not  execute  them,  that  is  to  say,  see  that 
they  were  put  into  effect. 

It  could  borrow  money  but  could  not  pay  it  back. 

It  could  appoint  ambassadors  but  could  not  pay 
them. 

It  could  coin  money,  but  could  not  buy  gold  and 
silver. 

It  could  declare  war,  but  it  could  not  raise 
soldiers. 

It  could  order  a  thing  done,  a  law  executed  but 
it  could  not  fulfill  the  order.  In  other  words  the 
power  was  lacking. 

The  result  of  such  a  weak  government  was  that 
treaties  were  not  lived  up  to,  debts  not  paid,  state 
fought  with  state  and  it  seemed  that  there  could 
only  be  one  result,  that  the  old  government  would 
have  to  return  or  there  would  have  to  be  some  other 
complete  change. 


The  ablest  men  realized  that  there  must  be  some 
change  and  soon,  so  they  met  (representatives  from 
five  colonies)  at  Annapolis  in  the  year  1786  and 
tried  to  secure  some  relief.  As  only  five  states 
were  represented,  nothing  could  be  settled,  but  the 
fact  that  a  similar  meeting  should  be  held  the  next 
year  in  Philadelphia. 

Next  year,  after  four  months '  hard  work,  the 
Constitution  was  finally  finished  on  September  17, 
1787.  It  was  sent  out  to  the  various  states  to  be 
ratified  the  following  year,  it  being  understood  that 
if  nine  of  the  thirteen  states  signed  it,  it  should  go 
into  effect.  By  the  middle  of  1788  the  necessary 
nine  states  had  signed,  and  the  Constitution  was 
established. 


CONSTITUTION 


The  Constitution  of  the  United  States  is  the  high- 
est law  of  the  land.  It  is  the  solemn  expression  of 
the  people's  will,  which  all  three  branches  of  the 
government  must  obey.  Should  the  legislature  pass 
a  law  contrary  to  the  provisions  or  spirit  of  the 
Constitution,  such  a  law  would  cease  to  have  any 
effect  after  the  judicial  department  had  passed  on 
its  constitutionality.  So,  also,  if  the  judges  or 
executive  act  contrary  to  the  Constitution  such 
action  would  be  at  once  illegal  and  void  and  those 
committing  it  punished. 

The  framework  of  the  Constitution  is  as  follows: 

1.  The   preamble,    which    sets    out    the   general 
purpose  for  the  establishment  of  the  government ; 

2.  The   legislative   department,   which   is   given 
the  power  to  make  the  laws  for  the  United  States ; 

3.  The  executive  department,  which  enforces  the 
laws  made  by  the  Legislature; 

4.  The  judicial  department,  which  decides  how 
the  law   shall  be   interpreted   in   particular   cases 
when  disputes  arise; 

5.  Certain    provisions    governing    the    relation 
between    the    states    and    the    United    States,    the 
amending  of  the  Constitution,  and  the  amendments 
themselves. 


The  Constitution  of  the  United  States 


PREAMBLE. 

We,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

Q.    What  is  the  Preamble? 

A.  It  is  an  introduction  of  or  foreword  to  the 
Constitution,  in  which  the  reasons  for  the  establish- 
ment of  the  Constitution  are  set  out. 

Q.     What  is  meant  by  "a  more  perfect  union "? 

A.  One  that  remedied  the  mistakes  of  the  Articles 
of  Confederation.  One  that  provided  for  an  execu- 
tive head  and  strong  central  control. 

Q.  What  does  "  insure  domestic  tranquillity " 
mean? 

A.  Secure  peace  at  home,  in  the  United  States. 
Q.  What  are  some  of  the  blessings  of  liberty? 
A.  The  right  to  worship  God  as  you  desire. 

The  privilege  of  a  free  press. 

The  right  of  free  speech. 

All  those  guarantees  provided  us  in  the  first  ten 
amendments  to  the  Constitution,  commonly  known 
as  the  Bill  of  Eights,  and  many  others  too  numerous 
to  mention. 

10 


THE    LEGISLATIVE    DEPARTMENT. 

The  legislative  branch  of  the  government  is  in 
some  respects  the  most  powerful  and  important  of 
the  three  departments.  It  expresses  the  will  of  the 
people  in  the  form  of  laws.  The  welfare  and  safety 
of  the  people  depend  in  great  measure  on  the  laws 
which  are  made. 

AETICLE    I. 

Section  1.  All  legislative  powers  herein  granted,  shall 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  Senate  and  a  House  of  Representatives. 

Q.    What  is  Congress? 

A.  The  law  making  body  of  the  United  States. 
It  consists  of  two  houses,  the  Senate  and  the  House 
of  Representatives. 

Congress  is  what  is  known  as  a  two-chambered 
house,  having  an  upper  and  a  lower  house.  Some 
states  have  had  single  houses  to  make  their  laws, 
but  experience  has  taught  that  the  bicameral  system 
as  the  two-chambered  system  is  known,  is  best. 
The  reason  for  this  rests  in  the  fact  that  one  house 
balances  the  other.  When  the  constitutional  con- 
vention was  framing  the  Constitution  the  question 
arose,  How  many  houses  shall  Congress  have,  one 
or  two!  After  a  discussion  the  delegates  agreed 
that  the  two-house  system  was  the  better,  but  here 
a  difficulty  arose.  The  large  states  insisted  that 
the  members  of  both  houses  should  be  elected  pro- 
portionately to  the  population,  which  would,  of 
course,  give  the  large  states  a  greater  influence  in 
Congress.  The  small  states,  on  the  other  hand, 
wished  to  give  each  state  an  equal  vote  irrespective 
of  size.  The  discussion  grew  very  heated,  and 
weeks  passed  with  no  result,  until  at  length  a  com- 

11 


promise  was  suggested  by  the  Connecticut  delega- 
tion. They  suggested  that  the  House  of  Represen- 
tatives be  selected  according  to  the  population, 
while  the  Senate  was  to  have  two  delegates  from 
each  state  irrespective  of  size.  This  was  adopted 
and  is  ordinarily  known  as  the  Connecticut  Com- 
promise. 

Sec.  2.  1.  The  House  of  Representatives  shall  be 
composed  of  members  chosen  every  second  year  by  the 
people  of  the  several  states,  and  the  electors  in  each 
state  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  State  Legislature. 

Q.     What  is  the  term  of  a  representative? 

A.     Two  years. 

Q.     What  is  a  congressman? 

A.  A  member  of  the  lower  house  is  commonly 
known  as  a  Congressman,  although  strictly  speak- 
ing, members  of  either  may  be  called  that.  The 
members  of  the  upper  house  always  go  by  the  term 
Senator. 

Q.  Do  all  the  representatives  come  into  office 
and  go  out  of  office  at  the  same  time? 

A.  Yes,  although  this  does  not  mean  that  an 
entirely  new  body  goes  into  session  every  two  years, 
because  many  of  the  incumbents  (those  already  in 
office)  are  re-elected. 

Q.     What  is  an  elector? 

A.  A  voter  is  known  as  an  elector.  Presidential 
electors  are  not  meant  in  the  above  section. 

Q.  Who  are  electors  of  the  most  numerous 
branch  of  the  state  legislature? 

A.  In  California,  they  would  be  all  those  who 
could  vote  for  members  of  the  state  assembly. 

12 


2.  No  person  shall  be  a  representative  who  shall  not 
have  attained  the  age  of  twenty-five  years  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,   be  an  inhabitant  of  that  state  in 
which  he  shall  be  chosen. 

Q.     What  is  a  citizen  of  the  United  States? 

A.  A  person  born  or  naturalized  in  the  United 
States  and  subject  to  the  jurisdiction  thereof,  is  a 
citizen.  Members  of  the  Asiatic  race  are  not  per- 
mitted to  become  citizens,  although  of  course  their 
children  if  born  here  become  citizens  automatically. 

3.  Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  states  which  may  be  included 
within  this  Union,  according  to  their  respective  num- 
bers, which  shall  be  determined  by  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  serv- 
ice for  a  term  of  years,  and  excluding  Indians  not  taxed, 
three  fifths  of  all  other  persons.     The  actual  enumera- 
tion shall  be  made  within  three  years  after  the  first 
meeting  of  the  congress  of  the  United  States,  and  with- 
in every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.    The  number  of  representa- 
tives shall  not  exceed  one  for  every  thirty  thousand,  but 
each  state  shall  have  at  least  one  representative;  and 
until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  three,  Massachu- 
setts eight,   Ehode   Island   and  Providence   Plantations 
one,  Connecticut  five,  New  York  six,  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,   Vir- 
ginia ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

The  above  section  is  practically  obsolete;  that  is, 
out  of  date  today.    It  is  another  example  of  a  corn- 
is 


promise  made  by  the  members  of  the  Constitutional 
Convention  in  1787.  The  members  of  the  southern 
states  whose  population  consisted  largely  of  negro 
slaves  wished  to  count  them  equal  to  one  white 
person.  The  northern  states  refused  to  consider 
this,  so  that  the  following  compromise  was  finally 
agreed  to:  five  slaves  were  to  be  the  equivalent  of 
three  whites,  and  the  slave  trade  with  Africa  was 
to  be  permitted  to  go  on  for  twenty  years  in  return 
for  concessions  made  by  the  south  in  favor  of  tax- 
ation and  commerce. 

Q.     How  often  is  there  a  census  taken? 

A.     Every  ten  years. 

Q.  What  is  the  number  of  representatives  in 
Congress  ? 

A.    At  the  last  session  435. 

Q.  How  many  people  are  there  to  each  repre- 
sentative? 

A.    Approximately  235,000. 

Q.  How  many  representatives  are  there  from 
California? 

A.     Eleven. 

Q.     Who  are  they? 

1st  District — John  E.  Kaker,  Democrat. 

2nd        "         William  Kent,  Progressive. 

3rd        "         C.  F.  Curry,  Eepublican. 

4th        "         Julius  Kahn,  Republican. 

5th        "         John  I.  Nolan,  Prog.  Eepublican. 

6th        "         Arthur  Elston,  Progressive. 

7th        "         Denver  S.  Church,  Democrat. 

8th        "         Everis  A.  Hayes,  Eepublican. 

9th  "  Charles  W.  Bell,  Prog.  Eepublican. 
10th  "  Wm.  D.  Stephens,  Prog.  Eepublican. 
llth  "  William  Kettner,  Democrat. 

14 


Q.  Who  is  the  congressman  from  Oakland,. 
Alameda  County? 

A.     Arthur  Elston. 

Q.     When  is  the  next  congressional  election? 

A.  The  first  Tuesday  after  the  first  Monday  of 
November  in  every  even  year,  as  1914,  1916,  etc. 

Q.  Does  a  state  like  Nevada  get  a  representa- 
tive in  Congress,  when  it  has  less  than  235,000  in- 
habitants ? 

A.  Yes,  at  least  one  for  the  235,000  people  or 
less. 

Q.     How  are  representatives  elected? 

A.     Directly  by  the  votes  of  the  people. 

Q.  Do  all  the  people  of  the  state  vote  for  each 
Congressman? 

A.  No,  only  the  voters  in  each  Congressional 
district  vote  for  each  representative. 

4.  When  vacancies  happen  in  the  representation  from 
any  state,   the  executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies, 

Q.  What  is  meant  by  the  executive  authority 
thereof? 

A.  The  governor  of  the  state  from  which  the 
representative  is  chosen. 

Q.     What  is  a  writ  of  election? 

A.  A  document  signifying  that  one  has  been 
chosen  to  a  certain  office. 

5.  The  House  of  Representatives  shall  choose  their 
speaker  and  other  officers,  and  shall  have  the  sole  power 
of  impeachment. 

Q.    Who  is  the  Speaker? 

A.    The  leader  of  the  House  of  Eepresentatives. 

15 


Q.     What  is  his  name? 

A.     Champ  Clark. 

Q.     How  is  he  selected? 

A.  He  is  elected  by  the  representatives  out  of 
their  own  number,  and  is,  of  course,  a  member  of 
the  ruling  majority.  He  may,  if  he  is  a  strong  man, 
dictate  the  policy  of  the  house,  inasmuch  as  he  fills 
all  committees  and  makes  many  appointments  in 
the  house.  His  salary  is  twelve  thousand  a  year. 

Q.     What  is  meant  by  impeachment? 

A.  Impeachment  is  the  charging  of  high  public 
officers  with  misconduct  in  office — as,  for  example,— 
where  the  President  does  not  enforce  a  law,  or 
where  a  federal  judge  fails  to  do  his  duty.  Just 
as  the  grand  jury  of  a  county  indicts  a  criminal, 
while  the  petit  jury  tries  him,  so  the  House  of 
Representatives  indicts  the  public  official  by  a  two 
thirds'  vote,  leaving  the  Senate  to  try  him.  Here 
a  two  thirds'  vote  is  necessary  to  impeach  also. 
The  purpose  of  the  impeachment  is  to  remove 
wrongdoers  from  office,  not  to  punish  them.  The 
punishing  is  left  to  the  civil  authorities. 

Sec.  3.  1.  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  state,  chosen  by 
the  legislature  thereof,  for  six  years,  and  each  Senator 
shall  have  one  vote. 

The  above  method  of  electing  senators  has  been 
replaced  by  that  found  in  the  seventeenth  amend- 
ment, which  provides  for  the  direct  election  of 
senators,  by  the  voters  of  each  state.  The  reason 
for  the  adoption  of  this  amendment  in  1913  was 

16 


that  the  state  legislatures  have  been  at  times  con- 
trolled by  the  vested  interests,  and  these  corpora- 
tions sent  their  men  to  the  United  States  Senate 
to  represent  them  directly,  and  the  people  in- 
cidentally. 

Q.  Are  the  senators  chosen  from  senatorial  dis- 
tricts ? 

A.  No.  The  voters  throughout  the  state  vote 
for  each  senator  directly. 

Q.  How  many  senators  are  there  from  each 
state? 

A.     Two. 

Q.     Who  are  the  senators  from  California! 

A.  John  D.  Works,  Eepublican,  from  Los  An- 
geles, and  James  D.  Phelan,  Democrat,  from  San 
Francisco. 

2.  Immediately  after  they  shall  be  assembled  in  con- 
sequence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year,  of  the  second  class  at  the  expira- 
tion of  the  fourth  year,  and  of  the  third  class  at  the  ex- 
piration of  the  sixth  year,  so  that  one  third  may  be 
chosen  every  second  year;  and  if  vacancies  happen,  by 
resignation  or  otherwise,  during  the  recess  of  the  Legis- 
lature of  any  state,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the 
Legislature,  which  shall  then  fill  such  vacancies. 

Q.  What  is  the  purpose  of  having  these  three 
classes? 

A.  This  secures  a  perpetual  working  Senate. 
By  this  arrangement  there  are  always  two  thirds 
of  the  senators  in  office,  leaving  only  one  third  to 

17 


be  selected  every  two  years.  The  Senate  is  thus 
partly  a  continuous  body,  "always  changing  it  is 
forever  the  same'7.  It  does  not  have  to  be  reorgan- 
ized at  the  commencement  of  each  Congress. 

Q.  Why  is  the  Senate  known  as  the  Upper 
House? 

A.  Because  of  the  permanency  of  its  organiza- 
tion, the  age  and  experience  of  its  members  and  the 
fact  that  the  Senate  does  not  have  to  rush  through 
its  business  in  two  years,  but  can  wait  four  years 
if  it  so  desires,  it  has  been  called  the  Upper  House. 
The  Senate  has  been  known  to  ignore  the  rights  of 
the  Lower  House,  if  the  House  does  not  defend  it- 
self, just  as  the  House  will  do  to  the  Senate  if  the 
opportunity  presents  itself.  An  instance  of  this  is 
seen  in  the  Senate's  refusal  to  consider  the  question 
of  changing  the  method  of  their  election.  This  pro- 
posal passed  four  consecutive  Houses  before  adop- 
tion, only  to  be  turned  down  by  the  Senate.  There 
is  more  freedom  of  debate  on  the  floor  of  the 
Senate,  inasmuch  as  the  Senate  is  a  smaller  body 
and  the  opportunity  to  hear  one  another  is  better 
than  in  the  House.  Also  each  member  can  talk  as 
long  as  he  wishes,  the  Senate  believing  that  the 
more  discussion  there  is  had  on  a  question,  the 
better  for  the  people.  Advantage  is  taken  of  these 
liberal  rules  by  members  who  wish  to  sidetrack  an 
issue,  by  reading  and  talking  for  hours  at  a  time. 
One  year  a  senator  talked  as  long  as  fourteen  hours 
for  this  purpose. 

3.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the.  United  States,  and  who  shall  not,  when 

18 


elected,  be  an  inhabitant  of  the  state  for  which  he  shall 
be  chosen. 

Q.  Does  a  senator  have  to  be  a  native  born 
citizen? 

A.  No;  senators  may  be  either  native  born  or 
naturalized  citizens. 

Q.  Why  are  the  qualifications  of  senators  higher 
than  those  of  representatives'? 

A.  Probably  because  the  Senate  must  check  the 
hasty  action  of  the  House,  and  also  because  they 
are  advisers  of  the  executive  department  in  the 
appointment  of  important  executive  officers  and  the 
ratification  of  treaties. 

Q.  Why  should  a  senator  be  a  resident  of  the 
state  which  he  represents? 

A.  By  living  in  that  state  he  is  aware  of  the 
needs  of  the  people  and  is  influenced  by  the  love 
he  has  for  his  home.  In  England  a  member  of 
Parliament  need  not  live  in  the  district  from  which 
he  is  chosen,  but  may  come  from  elsewhere;  the 
English  thinking  that  there  might  be  more  than  one 
able  man  living  in  the  same  district,  and  he  should 
have  a  chance  to  work  for  the  country.  But  one 
must  remember  that  the  whole  of  England  could 
be  fitted  into  the  State  of  California  and  that  the 
districts  there  are  much  smaller  than  correspond- 
ing districts  here. 

4.  The  Vice-President  of  the  United  States  shall  be 
president  of  the  Senate,  but  shall  have  no  voice  unless 
they  shall  be  equally  divided. 

Q.  Does  this  section  mean  that  the  Vice-Presi- 
dent loses  his  vote! 

A.     No,  as  he  can  use  it  in  case  of  a  tie  vote. 

19 


Q.  Should  the  Vice-President  die  or  become 
President,  who  takes  his  place  at  the  head  of  the 
Senate? 

A.  A  temporary  president  of  the  Senate  is 
chosen  out  of  their  own  body,  to  fill  this  vacancy, 
as  provided  in  the  next  section. 

5.  The  Senate  shall  choose  their  officers,  and  have  a 
President  pro  tempore,  in  the  absence  of  the  Vice-Presi- 
dent,  or  when  he  shall  exercise  the  office  of  President  of 
the  United  States. 

Q.     When  did  this  situation  last  arise? 
A.     In  the  case  of  the  death  of  Vice-President 
Sherman,  who  served  under  President  Taft. 

6.  The  Senate  shall  have  the  sole  power  to  try  all 
impeachments;  when  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.    When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside; 
and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

Q.  What  is  necessary  to  secure  an  impeach- 
ment ? 

A.  The  two  thirds  vote  of  the  House  together 
with  the  same  vote  of  the  Senate. 

Q.  Why  does  the  Chief  Justice  preside  in  the 
case  of  impeaching  the  President? 

A.  Because  the  Vice-President  who  presides 
over  the  Senate  takes  the  President's  place  during 
these  proceedings. 

Q.  Has  a  President  of  the  United  States  ever 
been  impeached? 

A.  Yes ;  one.  Andrew  Johnson,  -who  took  Pres- 
ident Lincoln's  chair  following  the  assassination. 

20 


President  Johnson  quarrelled  with  Congress  on  the 
question  of  reconstruction  after  the  Civil  War. 
The  immediate  reason  for  the  impeachment  was 
his  removal  of  the  Secretary  of  War  without  the 
consent  of  the  Senate,  according  to  the  provisions 
of  the  Tenure  of  Office  Act,  which  passed  over  his 
veto,  and  was  enacted  for  the  purpose  of  tying  the 
President's  hands  by  the  Senate  and  House.  He 
was  impeached  for  high  crimes  and  misdemeanors 
but  the  necessary  two  thirds  vote  was  lacking  and 
he  remained  in  office  to  the  end  of  his  term. 

7,  Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit 
under  the  United  States;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment  according  to  law. 

By  impeachment  an  officer  is  removed  from  office 
and  can  never  hold  one  again,  unless  the  disqualifi- 
cation is  removed  by  some  action  on  the  part  of 
Congress. 

Sec.  4.  1.  The  times,  places,  and  manner  of  holding 
elections  for  Senators  and  Representatives  shall  be  pre- 
scribed in  each  state  by  the  Legislature  thereof;  but  the 
Congress  may  at  any  time,  by  law,  make  or  alter  such 
regulations,  except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  different 
day. 

Q.     How  often  does  Congress  meet? 

A.     Every  year,  beginning  the  first  Monday  in 

21 


December.  The  first  session  begins  with  the  new 
Congress,  and  ends  late  in  the  spring  or  early  in  the 
summer  of  the  following  year.  This  is  called  the 
long  session.  The  second  or  short  session  begins 
when  the  Congress  meets  in  December  for  the  sec- 
ond time,  and  ends  at  twelve  o'clock  noon  March 
fourth  of  the  following  year.  Extra  sessions  may 
be  called  by  the  President. 

Q.     When  did  the  first  Congress  meet? 

A.     March  4,  1789. 

Q.     How  are  the  Congresses  numbered? 

A.  By  every  two-year  period,  the  first  Congress 
serving  two  years;  the  second  Congress  the  next 
two,  etc, 

Q.  What  advantage  is  there  in  these  regular 
meetings  of  Congress? 

A.  Congress  meeting  regularly  protects  the  in- 
terests of  the  people.  They  do  not  have  to  depend 
on  an  executive  to  call  a  session  together,  as  the 
Kings  of  England  did  to  Parliament  years  ago. 

Sec.  5.  1.  Each  house  shall  be  the  judge  of  the  elec- 
tions, returns,  and  qualifications  of  its  own  members, 
and  a  majority  of  each  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner  and  under  such  pen- 
alties as  each  house  may  provide. 

As  each  house  is  the  judge  of  its  own  members, 
if  the  senators  or  congressmen  desire,  they  may 
refuse  to  admit  as  members  those  whom  the  people 
have  elected.  It  rarely  happens  that  the  majority 
will  turn  out  one  of  its  own  party  politics;  but  if 
the  person  be  of  the  opposite  political  belief,  then 

22 


if  there  be  any  reason  for  refusing  his  admission, 
the  controlling  party  will  take  advantage  of  it. 

"  Returns "  mean  the  result  of  the  election. 

"Qualifications"  refer  to  the  age,  residence,  etc., 
of  the  candidate. 

"Majority",  as  applied  to  votes,  means  more 
than  half  of  all  the  votes  cast. 

"Quorum"  is  that  number  of  persons  necessary 
to  be  present  before  business  can  be  transacted. 

This  section  gives  Congress  the  necessary  power 
to  compel  its  members  to  attend  its  sessions  and 
work. 

2.  Each  house  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and, 
with  the  concurrence  of  two  thirds,  expel  a  member. 

The  above  section  is  merely  an  additional  club 
that  Congress  may  exercise  if  it  is  necessary  to 
keep  order  and  discipline.  Needless  to  say  it  is 
rarely  necessary  to  adopt  such  severe  measures,  as 
most  of  the  members  realize  their  grave  responsi- 
bilities to  the  people  of  the  United  States. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy;  and 
the  ayes  and  noes  of  the  members  of  either  house,  on 
any  question  shall,  at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  journal. 

Q.     What  is  this  publication  called? 
A.     The  Congressional  Record. 
Q.     What  is  the  advantage  of  having  the  yeas 
and  nays  published? 

A.     This  enables  the  people  who  elect  the  mem- 

23 


bers  of  Congress  to  find  out  how  these  men  are  pro- 
tecting their  interests,  and  whether  they  are  work- 
ing for  or  against  the  welfare  of  the  state  and 
nation. 

4.  Neither  house,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting, 

Q.     Where  does  Congress  meet? 

A.  In  the  Capitol  at  Washington,  D.  C.  (District 
of  Columbia),  the  Senate  occupying  the  north  wing 
of  the  building,  and  the  House  the  south  wing. 

Sec.  6.  1.  The  Senators  and  Representatives  shall 
receive  a  compensation  for  their  services,  to  be  ascer- 
tained by  law,  and  paid  out  of  the  treasury  of  the 
United  States.  They  shall,  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their 
respective  houses,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

Senators  and  representatives  receive  $7,500  per 
year,  and  travelling  expenses  known  as  mileage 
of  twenty  cents  per  mile. 

Q.  Why  are  members  of  Congress  privileged 
from  arrest? 

A.  This  immunity  is  given  them  in  order  that 
the  people's  business  will  not  be  interfered  with. 
If  they  had  to  answer  for  their  speeches  elsewhere 
many  would  not  give  their  honest  opinions  in 
Congress  and  the  country  would  suffer  accordingly. 

24 


Q.     What  is  treason? 

A.  Treason  consists  in  waging  war  against  the 
United  States  or  helping  their  enemies. 

Q.     What  is  a  felony? 

A.  Any  crime  which  is  punished  by  death  or  a 
term  in  the  penitentiary. 

Q.    What  is  a  breach  of  the  peace? 

A.  This  is  a  disturbance  of  the  public  order, 
as  an  act  of  violence  or  any  act  which  disturbs  the 
tranquillity  of  the  citizens,  or  their  quiet  enjoyment. 

2.  No  Senator  or  Representative  shall,  during  the 
time  for  which  he  was  elected,  be  appointed  to  any  civil 
office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased,  during  such  time;  and  no  per- 
son holding  any  office  under  the  United  States  shall  be 
a  member  of  either  house  during  his  continuance  in 
office. 

Q.     What  is  the  purpose  of  this  section? 

A.  This  section  protects  the  country  from  that 
member  of  Congress  who  would  take  advantage  of 
his  position  to  make  for  himself  a  good  position, 
which  he  might  fill  on  leaving  Congress. 

Q.     What  is  meant  by  emolument? 

A.     Salary  or  return  for  services. 

Q.  Why  should  not  a  person  be  permitted  to 
hold  two  positions  as  suggested  in  the  last  section? 

A.     No  person  can  do  justice  to  two  positions. 

Sec.  7.  1.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives,  but  the  Senate  may 
propose  or  concur  with  amendments  as  on  other  bills. 

Q.    What  is  a  bill? 

A.  A  draft  of  a  proposed  statute  or  law  sub- 
mitted to  the  legislature  for  enactment. 

25 


Q.  Why  should  the  power  to  raise  revenue  be 
in  the  House? 

A.  The  House  is  supposed  to  more  truly  rep- 
resent the  people  than  the  Senate,  inasmuch  as  there 
are  more  of  them,  and  they  are  elected  for  a  shorter 
term.  The  historical  reason  for  the  entrusting  this 
power  to  the  House  is  that  the  lower  house  of 
Parliament  in  England  had  control  of  the  money 
affairs. 

2.  Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  becomes 
a  law,   be  presented  to   the   President   of  the   United 
States;  if  he  approve,  he  shall  sign  it,  but  if  not,  he 
shall  return  it,   with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  recon- 
sider it.     If,  after  such  reconsideration,  two  thirds  of 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the   objections,   to  the   other  house,   by 
which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  house  it  shall  become  a  law.    But 
in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  ayes  and  noes;  and  the  names  of  the  persons 
voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  house,  respectively.    If  any  bill  shall  not 
be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  Congress,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  the  Senate  and  the  House  of  Representatives 
may  be  necessary   (except   on  a  question  of  adjourn- 

26 


ment),  shall  be  presented  to  the  President  of  the  United 
States;  and,  before  the  same  shall  take  effect,  shall  be 
approved  by  him,  or,  being  disapproved  by  him,  shall 
be  repassed  by  two  thirds  of  the  Senate  and  House  of 
Representatives,  according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill. 

Q.     How  does  a  bill  become  a  law! 

A.  It  takes  a  majority  vote  of  the  House,  with 
a  majority  vote  of  the  Senate  together  with  the 
signature  of  the  President.  The  President  is  given 
ten  days  to  sign  the  bill  exclusive  of  Sundays  and 
holidays.  If  he  signs  it  in  ten  days  it  becomes  a 
law,  if  he  does  not  sign  it  in  ten  days  it  also  be- 
comes a  law.  If  he  vetoes  it  the  bill  is  temporar- 
ily killed. 

Q.     How  may  a  vetoed  bill  become  a  law? 

A.  By  being  referred  to  the  house  where  it 
started  and  being  repassed  by  a  two  thirds  vote  of 
both  houses. 

Q.  Does  the  President  have  to  sign  it  this 
second  time! 

A.    No. 

Q.    What  is  the  veto! 

A.  This  word  comes  from  the  Latin  meaning 
"I  forbid."  The  President  forbids  the  bill  to  be- 
come a  law  when  he  vetoes  it,  although  the  action 
of  Congress  may  pass  it  over  his  veto.  This  is  the 
President's  check  on  the  legislative  power. 

Q.     What  is  the  pocket  veto! 

A.  At  the  end  of  the  term  when  less  than  ten 
days  remain  of  Congress,  if  a  bill  is  passed  up  to 
the  President  for  signature  and  he  forgets  it,  or 
lays  it  away  until  Congress  adjourns,  the  bill  does 

27 


not  become  a  law,  just  as  though  the  President 
put  it  in  his  pocket  and  forgot  all  about  it. 

Q.    How  does  Congress  work? 

A.  Congress  works  through  committee  systems. 
Congress  is  so  large  that  business  could  not  be 
transacted  unless  it  was  divided  into  groups  and 
these  groups  are  called  the  committees.  There  are 
over  fifty  in  each  house,  and  a  bill  must  be  con- 
sidered by  some  committee  before  it  is  recom- 
mended to  the  consideration  of  the  House.  This  is 
necessary  as  there  are  over  twenty  thousand  bills 
proposed  each  year.  The  committees  sift  out  the 
best  bills.  The  principal  standing  committees— 
which  are  provided  for  by  the  rules,  and  which  con- 
tinue in  existence  throughout  the  entire  session 
are:  those  on  ways  and  means,  which  has  control 
of  bills  for  raising  revenue,  appropriation,  the 
judiciary,  foreign  relations,  currency,  commerce, 
pensions,  military  affairs,  elections,  manufactures, 
agriculture  and  rivers  and  harbors.  Where  a  bill 
is  introduced  for  which  there  is  no  standing  com- 
mittee, a  special  committee  is  appointed  to  handle 
it.  The  most  important  work  of  Congress  is  thus 
done  in  the  committee  rooms. 

Q.  Does  Congress  often  pass  a  bill  over  the 
President's  veto? 

A.  No,  although  when  the  President  is  of  a 
different  political  party  than  Congress,  and  they 
can  not  agree  as  to  policies,  then,  as  in  Cleveland's 
first  administration,  many  bills  are  passed  over 
the  President's  veto. 

28 


POWERS  OF  CONGRESS. 

Congress  has  only  those  powers  conferred  upon 
her  by  the  Constitution  in  article  one,  section  eight. 
All  other  powers  belong  to  the  states  and  to  the 
people. 

Sec.  8.  1.  The  Congress  shall  have  power  to  lay  and 
collect  taxes,  duties,  imposts,  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defense  and  general 
welfare  of  the  United  States;  but  all  duties,  imposts, 
and  excises  shall  be  uniform  throughout  the  United 
States. 

2.  To   borrow   money   on  the   credit   of  the   United 
States. 

3.  To  regulate  commerce  with  foreign  nations,   and 
among  the  several  states,  and  with  the  Indian  tribes. 

4.  To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  United  States. 

5.  To  coin  money,  regulate  the  value  thereof  and  of 
foreign   coins,    and   fix   the   standard   of   weights    and 
measures. 

6.  To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States. 

7.  To  establish  post  offices  and  post  roads. 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited  times,  to  authors  and  inventors, 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries. 

9.  To   constitute  tribunals   inferior   to   the   Supreme 
Court. 

10.  To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offenses  against  the  laws 
of  nations. 

29 


11.  To    declare   war,    grant   letters    of   marque    and 
reprisal,   and  make  rules  concerning  captures  on  land 
and  water. 

12.  To  raise  and  support  armies;  but  no  appropria- 
tion of  money  to  that  use  shall  be  for  a  longer  term  than 
two  years. 

13.  To  provide  and  maintain  a  navy. 

14.  To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces. 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions. 

16.  To  provide  for  organizing,  arming,  and  disciplin- 
ing the  militia,  and  for  governing  such  part  of  them  as 
may  be  employed  in  the  service  of  the  United  States, 
reserving  to  the  states,  respectively,  the  appointment  of 
the  officers,   and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress. 

17.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever,   over    such    district    (not    exceeding    ten    miles 
square)  as  may,  by  cession  of  particular  states,  and  the 
acceptance  of  Congress,  become  the  seat  of  government 
of  the  United  States,  and  to  exercise  like  authority  over 
all  places  purchased  by  the  consent  of  the  Legislature 
of  the  state  in  which  the  same  shall  be,  for  the  erection 
of  forts,  magazines,  arsenals,  dockyards,  and  other  need- 
ful buildings. 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

30 


NOTES   ON   THE   VARIOUS  POWERS    OF   CONGRESS. 

1.  This  provision  to  lay  and  collect  taxes  is  of 
the  utmost  importance,  as  it  was  the  lack  of  this 
power  that  caused  the  failure   of  the  Articles   of 
Confederation. 

Q.     What  are  duties  and  imposts? 

A.  These  are  taxes  laid  on  the  importation  or 
exportation  of  goods. 

Q.    What  are  excises? 

A.  Taxes  or  charges  levied  on  commodities  and 
other  goods,  particularly  liquors, 

Q.  Does  the  clause  "  provide  for  the  common 
defense  and  general  welfare  of  the  United  States ", 
permit  Congress  to  exercise  any  power  it  desires, 
so  long  as  the  welfare  of  the  Union  is  involved? 

A.  No;  the  interpretation  given  this  section  is 
a  narrow  one,  and  not  as  broad  as  the  above,  which 
is  that  desired  by  former  President  Eoosevelt;  it 
is  confined  merely  to  matters  of  defense. 

2.  Congress  usually  borrows  money  by  issuing 
bonds. 

3.  This  clause  gave  rise  to  the  celebrated  Inter- 
state Commerce  Commission  which  more  than  any 
other  body  has  controlled  the  railways,  pipe  line 
companies,  express,  telegraph  and  other  interstate 
businesses.     The  Indian  tribes  are  placed  on  the 
same  footing  as  foreign  nations,  thus  securing  them 
freedom  from  state  legislation. 

4.  The  procedure  that  every  foreigner  must  go 
through  before  becoming  a  citizen  is  the  same,  no 
matter  where  he  takes  his  papers  out  or  his  exam- 
ination. 

Bankruptcies  are  those  legal  controversies  aris- 
ing out  of  the  affairs  of  a  bankrupt,  that  is  to  say, 

31 


one   who  indicates   that  he  is   unable   to   pay  his 
debts,  or  desires  to  avoid  the  payment  thereof. 

5.  It  is  necessary  that  the  national  government 
control  the  coinage   of  money,   as   otherwise   each 
state  would  coin  its  own  money,  and  money  of  one 
state  would  differ  in  value  from  that  of  the  next, 
with  confusion  as  a  result.     The  same  applies  to 
standard  weights  and  measures. 

6.  Along  with  power  to  coin  money  must  go  the 
power  to  punish  the  making  of  money  by  private 
individuals. 

7.  The   post   office   is   an   example   of  what   the 
government  service  can  do  under  efficient  manage- 
ment, and  is  pointed  to  by  socialists  as  the  coming 
remedy  for  industrial  mismanagement.    Post  roads 
were  necessary  at  the  beginning  of  the  last  century, 
when  there  were  no  railroads  and  the  states  too 
poor  to  build  roads.     Therefore  the  national  gov- 
ernment took  measures  to  see  that  they  were  built 
in  the  interests  of  the  mail  service.    This  necessity 
no  longer  exists. 

8.  Inventors    are    protected    under    the    United 
States  patent  law,  while  writers  have  the  United 
States  copyright  laws  to  protect  them. 

9.  So  rapidly  did  the  United  States  grow  that 
we    soon    outgrew   the    early    federal    courts,    and 
additional  ones  were  provided  under  this  section, 
the  circuit  courts  and  the  district  courts. 

10.  Piracy  is  an  act  of  robbery  or  depredation 
committed  on  the  high  seas. 

Q.     What  are  the  high  seas? 
A.     The  waters  of  the  sea  outside  the  three-mile 
limit. 


Offenses  against  the  law  of  nations  are  those 
crimes  which  every  country  punishes. 

11.  This   is    an   important   power   of    Congress 
which  many  confuse  with  the  power  of  the  Presi- 
dent. 

Letters  of  marque  are  licenses  issued  by  Con- 
gress in  war  time  to  merchant  ships,  authorizing 
them  to  go  to  sea  and  capture  enemy  ships  and 
otherwise  cripple  them.  These  are  not  of  much 
importance  today  with  the  inventions  in  the  last 
century  of  speedy  warships  and  new  guns. 

Reprisal  is  any  form  of  punishing  the  enemy,  as 
by  seizing  shipping,  subjects,  etc. 

12.  The    purpose    of    this    section    limiting    the 
appropriations   for  the   army  to   two  years   is   to 
prevent  the  military  power  gaining  control  of  the 
government. 

15.    The  militia  is  the  state  soldiery. 

Insurrections  are  organized  attempts  to  resist 
the  established  government  which  come  from  with- 
in the  country  itself. 

Invasions  on  the  other  hand  are  from  without. 

17.  This  district  is  the  District  of  Columbia 
wherein  is  situated  the  Capitol  of  the  United  States. 
It  was  originally  ten  miles  square  and  was  the 
result  of  a  cession  on  the  part  of  Virginia  and 
Maryland. 

Strictly  speaking,  the  District  of  Columbia  is  not 
a  territory  nor  a  dependency  of  the  United  States, 
but  is  a  municipal  corporation.  It  is  governed  by 
a  board  of  three  commissioners  appointed  by  the 
President.  Two  of  the  commissioners  are  ap- 
pointed from  civil  life  and  one  is  an  officer  of  the 
army.  The  rules  and  regulations  of  this  body  have 


the  effect  of  laws.  Besides  these  men,  Congress 
keeps  a  watchful  eye  on  the  district  so  that  it  does 
not  suffer  from  lack  of  supervision.  When  Con- 
gress acts  for  the  city,  it  takes  the  place  of  the  city 
council  and  acts  as  such. 

The  district  has  a  separate  judicial  system,  con- 
sisting of  a  court  of  appeals,  a  trial  court  called 
the  supreme  court,  and  a  police  court  for  petty 
offenders. 

Eesidents  of  the  District  of  Columbia  have  no 
vote  for  representatives  in  Congress  nor  for  the 
President,  as  a  consequence. 

Sec.  9.  1.  The  migration  or  importation  of  such  per- 
sons as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  Congress 
prior  to  the  year  one  thousand  eight  hundred  and  eight ; 
but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person. 

Q.     To  whom  does  the  above  section  refer? 

A.  These  persons  were  the  negro  slaves  who 
were  imported  from  Africa  for  the  tilling  of  south- 
ern fields.  The  result  of  this  section  was  to  stop 
all  importations  from  Africa  after  the  year  1808. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when,  in  cases  of  rebellion  or 
invasion,  the  public  safety  may  require  it. 

Q.     What  is  the  writ  of  habeas  corpus? 

A.  This  is  the  process  provided  by  law  for  a 
speedy  delivery  of  the  individual  from  illegal  im- 
prisonment. It  tolerates  no  delay  except  of  neces- 
sity. This  is  one  of  the  old  common  law  writs 

34 


dating  back  to  the  days  when  a  man  could  be 
thrown  into  jail  and  forced  to  remain  there  until 
he  died  or  the  court  felt  like  hearing  his  case. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed. 

Q.     What  is  meant  by  the  above? 

A.  A  bill  of  attainder  has  the  effect  of  a  judicial 
act  on  the  part  of  the  legislature.  The  effect  of 
this  bill  was  to  confiscate  the  property  of  the  ac- 
cused1, and  deprive  him  of  all  civil  rights  and 
privileges. 

An  ex  post  facto  law  is  one  which  punishes  an 
act  not  punishable  when  it  was  committed  or  which 
imposes  an  additional  punishment,  or  changes  the 
rules  of  evidence. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  un- 
less in  proportion  to  the  census  or  enumeration  herein- 
before directed  to  be  taken. 

Q.  What  is  a  capitation  tax? 

A.  One  that  is  laid  on  everyone. 

Q.  Why  was  the  income  amendment  necessary 

when  the  Constitution  contained  the  above  provi- 
sion? 

A.  The  income  tax  is  not  a  capitation  tax  but 
affects  only  a  limited  class. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  state. 

Q.     Why  not? 

A.  To  tax  exports  would  be  to  tax  the  manufac- 
turers who  send  the  goods  from  the  country.  It 

35 


would  be  taxing  business  industry  and   ourselves 
rather  than  the  people  to  whom  we  sell  the  goods. 

6.  No  preference  shall  be  given,  by  any  regulation  of 
commerce  or  revenue,  to  the  ports  of  one  state  over  those 
of  another;  nor  shall  vessels  bound  to  or  from  one  state 
be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

Q.     Why  not! 

A.  This  is  a  union  of  states  each  having  equal 
rights,  and  to  give  one  state  privileges  and  not 
another  would  be  to  destroy  the  spirit  of  the  Con- 
stitution. To  force  a  vessel  to  pay  taxes  thus, 
would  be  to  compel  it  to  pay  double  or  triple 
taxes,  the  result  of  which  would  be  a  consequent 
rise  in  prices,  or  the  giving  up  of  sea  trading. 

7.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regu- 
lar statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time 
to  time. 

The  purpose  of  this  section  is  to  check  the  pay- 
ing out  of  the  public  funds. 

8.  No  title  of  nobility  shall  be  granted  by  the  United 
States;    and  no  person  holding  any  office  of  profit  or 
trust    under   them    shall,    without   the    consent    of   the 
Congress,  accept  of  any  present,  emolument,  office,  or 
title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state. 

A  title  of  nobility  is  an  honor  granted  or  special 
privilege  conferred  on  an  individual  by  reason  of 
some  service  to  the  king  or  the  state.  It  is  some- 

36 


times  hereditary,  often  dies  with  the  person.  They 
are  done  away  with  in  this  country  by  the  above 
section  of  the  Constitution,  the  reason  therefor 
being  that  such  honors  are  empty  when  inherited 
and  not  to  be  tolerated  by  a  free  people.  The  rea- 
son why  no  officer  of  the  government  should  accept 
of  favors  from  a  foreign  state  is  simply  that  one 
man  cannot  serve  two  masters,  and  the  receipt  of 
gifts  would  obligate  him  to  the  giver,  possibly  to 
the  injury  of  the  interests  of  this  country. 

Sec.  10.  1.  No  state  shall  enter  into  any  treaty,  alli- 
ance, or  confederation;  grant  letters  of  marque  and  re- 
prisal; coin  money;  emit  bills  of  credit;  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts; 
pass  any  bill  of  attainder,  ex  post  facto  law,  or  law 
impairing  the  obligation  of  contracts,  or  grant  any  title 
of  nobility. 

2.  No  state  shall,  without  the  consent  of  the  Congress, 
lay  any  impost  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  state  on  imports  or  exports,  shall  be 
for  the  use  of  the  treasury  of  the  United  States;  and  all 
such  laws  shall  be  subject  to  the  revision  and  control  of 
the  Congress. 

3.  No  state  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops  or  ships  of  war  in  time 
of  peace,  enter  into  any  agreement  or  compact  with  an- 
other state  or  with  a  foreign  power,  or  engage  in  war, 
unless  actually  invaded  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 


37 


This  section  contains  limitations  on  the  powers 
of  the  states,  which  are  very  natural  ones,  inasmuch 
as  Congress  possesses  practically  all  the  powers 
which  the  states  are  denied,  and  to  grant  the  states 
powers  that  Congress  has,  such  as  coining  gold  and 
silver  money,  would  be  to  upset  the  scheme  of 
government. 


38 


THE  EXECUTIVE  DEPARTMENT. 

The  executive  department  is  composed  of  the 
President  (who  is  the  highest  political  officer  in 
the  United  States),  his  Cabinet  and  the  members 
of  their  respective  bureaus.  The  highest  and  chief 
duty  of  the  President  is  to  see  that  the  laws  are 
faithfully  executed,  that  is,  put  into  effect. 

One  of  the  great  faults  with  the  Articles  of  Con- 
federation was  the  lack  of  an  executive  to  see  that 
the  laws  were  enforced.  This  weakness  has  now 
been  done  away  with  by  the  centralization  of  power 
in  the  hands  of  the  President.  Not  only  has  the 
President  executive  power,  but  he  also  possesses 
legislative  power  to  a  considerable  degree,  in  his 
ability  to  veto  laws  made  by  Congress  and  thus 
influence  legislation.  He  possesses  law-making; 
power  to  a  greater  degree  in  his  treaty  making 
capacity.  But  greatest  and  most  important  of  all 
comes  his  duty  to  carry  out  the  laws  as  made  by 
Congress. 

ARTICLE  II. 
EXECUTIVE  DEPARTMENT. 

Section  1.  1.  The  executive  power  shall  be  vested  in 
a  President  of  the  United  States  of  America.  He  shall 
hold  his  office  during  the  term  of  four  years,  and  to- 
gether with  the  Vice-President  chosen  for  the  same  term, 
be  elected  as  follows: 

2.  Each  state  shall  appoint,  in  such  manner  as  the 
Legislature  therof  may  direct,  a  number  of  Electors 
equal  to  the  whole  number  of  Senators  and  Representa- 
tives to  which  the  state  may  be  entitled  in  the  Congress ; 
but  no  Senator  or  Representative,  or  person  holding  an 

39 


office  of  trust  or  profit  under  the  United  States,  shall  be 
appointed  an  Elector. 

3.  The  Electors  shall  meet  in  their  respective  states 
and  vote,  by  ballot,  for  two  persons,  of  whom  one  at  least 
shall  not  be  an  inhabitant  of  the  same  state  with  them- 
selves. And  they  shall  make  a  list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for  each;  which 
list  they  shall  sign  and  certify,  and  transmit,  sealed,  to 
the  seat  of  the  government  of  the  United  States,  directed 
to  the  President  of  the  Senate.  The  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  shall  be  the  President,  it  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed; 
and  if  there  be  more  than  one  who  have  such  majority, 
and  have  an  equal  number  of  votes,  then  the  House  of 
Representatives  shall  immediately  choose  by  ballot  one 
of  them  for  President;  and  if  no  person  have  a  majority, 
then  from  the  five  highest  on  the  list,  the  said  house 
shall,  in  like  manner,  choose  the  President.  But  in 
choosing  the  President  the  vote  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 
members  from  two  thirds  of  the  states,  and  a  majority  of 
all  the  states  shall  be  necessary  to  a  choice.  In  every 
case  after  the  choice  of  the  President,  the  person  having 
the  greatest  number  of  votes  of  the  Electors  shall  be  the 
Vice-President.  But  if  there  should  remain  two  or  more 
who  have  equal  votes,  the  Senate  shall  choose  from  them, 
by  ballot,  the  Vice-President. 

Q.    Who  is  the  chief  executive? 
A.     The   President. 

40 


Q.     What  is  his  name  I 

A.     Woodrow  Wilson,  from  New  Jersey. 

Q.    What  party  does  he  belong  to? 

A.     The  Democratic  Party. 

Q.    Who  is  the  Vice-President? 

A.     Thomas  Marshall  of  Indiana. 

Q.  How  long  does  the  President  and  Vice-Pres- 
ident  hold  office. 

A.  Four  years.  There  has  been  much  discus- 
sion as  to  the  merits  of  the  four-year  term  as 
opposed  to  the  six  or  eight-year  term,  but  the 
majority  opinion  is  satisfied  with  the  present  ar- 
rangement. Of  course  big  business  claims  to  be 
hurt  by  frequent  elections  but  this  injury  is  ques- 
tionable while  the  good  done  in  arousing  public 
sentiment  to  bettering  public  conditions  is  not  to 
be  calculated. 

Q.     What  is  an  elector? 

A.  One  who  elects  the  President.  Section  three 
above  set  forth  no  longer  applies  for  the  election 
of  the  President  and  Vice-President.  Its  place  is 
now  supplied  by  the  twelfth  amendment,  found 
hereafter.  The  method  of  choosing  a  President 
and  Vice-President  as  set  forth  in  section  three 
failed  and  had  to  be  replaced.  The  electoral  system 
was  chosen  by  the  founders  of  the  Constitution  as 
a  means  whereby  the  people  would  not  get  a  direct 
voice  in  the  election  of  the  President,  but  would 
have  to  vote  for  electors  first  who  would  in  their 
turn  select  a  President.  The  reason  for  this  was 
a  fear  on  the  part  of  the  framers  that  the  people 
could  not  be  trusted  with  the  ballot.  They  are  not 
to  be  blamed  for  lacking  confidence  in  the  people, 
for  up  to  this  time  the  people  had  never  governed 

41 


themselves.  However,  from  the  first  the  people 
insisted  on  the  electors  voting  for  the  men,  they 
the  people,  wished,  so  the  President  is  a  real  choice 
of  the  people. 

Q.     How  are  the  electors  chosen! 

A.  They  are  nominated  by  the  respective  poli- 
tical parties. 

Q.     How  many  electors  are  there? 

A.  As  many  as  there  are  Eepresentatives  and 
Senators  from  the  state  in  Congress. 

Q.     How  many  electors  has  California! 

A.     Thirteen.       (yT) 

Q.  Does  each  party  in  California  nominate 
thirteen  ? 

A.  Yes;  and  out  of  all  these  various  candidates 
finally  thirteen  are  chosen  by  the  people  at  the 
presidential  election. 

Q.  Is  it  possible  for  a  state's  delegation  to  con- 
sist of  members  of  different  parties? 

A.  Yes ;  as  those  electors  are  chosen  who  receive 
the  highest  number  of  votes. 

Q.  Do  the  people  vote  directly  for  the  Presi- 
dent! 

A.  No;  for  the  electors  who  in  turn  vote  for 
the  President. 

Q.  Do  the  electors  have  to  vote  for  the  presi- 
dential candidate  they  have  promised  to  support? 

A.    Yes. 

Q.  How  is  the  President  and  Vice-President 
elected! 

A.  The  people  vote  for  electors  who  in  turn 
vote  for  the  President.  The  candidate  getting  the 
majority  vote  of  the  electors  becomes  President  or 
Vice-President. 

42 


Q.  Suppose  they  are  not  elected  on  the  first 
ballot? 

A.  Then  the  three  highest  candidates  for  the 
Presidency  have  their  names  placed  before  the 
House  of  Representatives,  and  there  they  are  voted 
on  by  states,  each  state  getting  one  vote.  The  man 
getting  the  majority  is  elected.  If  no  one  gets  a 
majority  by  the  fourth  of  March  following,  the 
Vice-President  takes  his  place.  Meanwhile  for  the 
Vice-Presidency,  the  two  highest  names  are  placed 
before  the  Senate  and  the  man  securing  the  major- 
ity vote  is  chosen  Vice-President.  A  quorum  con- 
sists of  two  thirds  of  the  states. 

Q.    Why  do  they  vote  by  states  this  second  time? 

A.  Because  the  electors  representing  the  people 
failed  to  select  one  the  first  time. 

Q.     Is  this  second  method  often  used? 

A.  No;  the  candidates  are  elected  generally  by 
the  first  ballot. 

Q.  How  are  the  candidates  for  these  offices  nom- 
inated or  named? 

A.  By  delegates  chosen  at  primary  elections, 
and  by  county  or  city  conventions  and  state  con- 
ventions who  go  to  the  national  convention  and 
nominate  the  President. 

4.  The  Congress  may  determine  the  time  of  choosing 
the  Electors,  and  the  day  on  which  they  shall  give  their 
votes;   which   day   shall   be  the   same   throughout   the 
United  States. 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen 
of  the  United  States  at  the  time  of  the  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  President; 
neither  shall  any  person  be  eligible  to  that  office  who 

43 


shall  not  have  attained  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

There  are  two  offices  within  the  gift  of  the 
American  people  that  can  only  be  filled  by  Amer- 
ican born  citizens,  that  of  the  President  and  the 
Vice-President.  The  qualifications  of  both  officers 
is  the  same. 

6.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  de- 
volve on  the  Vice-President,  and  the  Congress  may,  by 
law,  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and 
such  officer  shall  act  accordingly,  until  the  disability  is 
removed,  or  a  President  shall  be  elected. 

Q.  Who  takes  the  Presidency  in  case  of  the 
death  of  both  President  and  Vice-President1? 

A.  It  then  falls  first  to  the  Secretary  of  State, 
and  if  he  is  unable  to  fill  the  position  for  any  rea- 
son, to  the  Secretary  of  the  Treasury,  Secretary 
of  War,  Attorney  General,  etc.,  to  the  end  of  the 
Cabinet.  If  any  one  of  the  Cabinet  be  of  foreign 
birth  he  cannot  of  course  hold  the  position. 

Q.     What  is  the  Cabinet? 

A.  This  body  is  composed  of  ten  members,  being 
the  group  of  ten  secretaries  appointed  by  the  Presi- 
dent. The  duty  of  the  Cabinet  is  to  advise  the 
President  when  he  asks  their  opinion.  He  is  not 
bound  by  this  opinion,  as  he  is  free  to  take  any 
course  he  sees  fit.  But  as  the  Cabinet  is  composed 

44 


of  members  of  the  President's  own  party  and  selec- 
tion he  is  generally  in  sympathy  with  them. 

Q.     Who  are  the  ten  secretaries? 

A.     Secretary  of  State,  Eobert  I.  Lansing. 

"  "   Treasury,  Wm.  G.  McAdoo. 

"  War,  N.  D.  Baker. 
"  "  Navy,  Josephus  Daniels. 

"  "  Agriculture,  Wm.  B.  Wilson. 

"  ll   Commerce,  Wm.  C.  Bedfield. 

"  "  Labor,  David  Houston. 

"  "  Interior,  Franklin  K.  Lane. 

Post  Master  General,  Albert  S.  Burleson. 
Attorney  General,  Thos.  W.  Gregory. 
Q.     What  is  the  salary  of  these  executives! 
A.     Twelve  thousand  dollars  per  year.    The  Sec- 
retary of  State  is  the  highest  officer  of  the  above 
list.     None  of  these  secretaries  get  a  vote  in  Con- 
gress as  they  are  members  of  the  executive  depart- 
ment and  as  such  separate  and  distinct  therefrom. 

7.  The  President  shall,  at  stated  times,  receive  for  his 
services    a    compensation,    which    shall   neither    be    in- 
creased nor  diminished  during  the  period  for  which  he 
shall  have  been  elected,  and  he  shall  not  receive  within 
that  period  any  other  emolument  from  the  United  States 
or  any  of  them. 

Q.     What  does  the  President  receive? 
A.     Seventy-five    thousand    dollars    a    year    and 
twenty-five  thousand  dollars  for  travelling  expenses. 

8.  Before  he  enters  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation:    "I  do  sol- 
emnly swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  United  States,  and  will,  to 

45 


the  best  of  my  ability,  preserve,  protect,  and  defend  the 
Constitution  of  the  United  States." 

The  word  affirm  was  placed  in  the  Constitution 
to  be  used  instead  of  the  word  swear,  by  those  per- 
sons like  Quakers  who  think  the  use  of  such  a 
word  is  contrary  to  their  religious  doctrines. 

Sec.  2.  1.  The  President  shall  be  commander-in-chief 
of  the  Army  and  Navy  of  the  United  States,  and  of  the 
militia  of  the  several  States  when  called  into  the  actual 
service  of  the  United  States ;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  execu- 
tive departments,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices,  and  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offenses  against  the 
United  States,  except  in  cases  of  impeachment. 

Q.     Can  the  President  declare  war? 

A.  No;  that  is  one  of  the  powers  of  Congress. 
But  he  might  bring  on  war,  by  commanding  the 
army  to  attack  a  foreign  country.  He  also  has  the 
power  to  call  out  United  States  troops  in  times  of 
disorder  to  protect  the  government's  property,  or 
the  people  in  time  of  great  disaster  as  the  San 
Francisco  fire.  He  can  of  course  call  out  the 
militia  also. 

These  powers  of  the  President  need  no  further 
explanation  save  perhaps  the  definition  of  the 
reprieve,  which  is  a  respite  or  stay  by  the  President 
from  a  sentence  of  death.  It  would  also  be  impos- 
sible to  give  the  President  power  to  pardon  im- 
peachments, when  he  might  have  to  sit  on  his  own 
case,  and  besides  to  so  pardon  would  be  to  cancel 
the  two  third  opinion  of  Congress. 

46 


2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate  to  make  treaties,  provided  two 
thirds  of  the  Senators  present  concur ;  and  he  shall  nomi- 
nate, and,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  Judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States  whose  appointments  are 
not  herein  otherwise  provided  for  and  which  shall  be 
established  by  law;  but  the  Congress  may,  by  law, 
vest  the  appointment  of  such  inferior  officers  as  they 
think  proper  in  the  President  alone,  in  the  courts  of  law, 
or  in  the  heads  of  departments. 

This  power  of  appointment  of  the  President  is  a 
very  important  one  inasmuch  as  there  are  five  thou- 
sand appointive  offices  to  be  filled.  But  as  all  these 
appointments,  even  those  of  the  Cabinet  have  to  be 
ratified  by  the  Senate,  much  of  the  power  resides 
with  that  body. 

Q.     What  is  the  spoils  system? 

A.  This  system  was  inaugurated  by  President 
Andrew  Jackson  in  1828,  when  on  coming  into  office 
he  replaced  those  officers  already  in  by  his  own 
friends.  This  was  the  old  doctrine  of  "to  the  victor 
belongs  the  spoils ".  This  started  a  precedent  that 
other  Presidents  followed,  that  of  filling  places  of 
old  officeholders  with  the  friends  of  the  newly- 
elected  President.  The  result  of  such  a  policy  was 
to  fill  the  government  offices  with  many  incompe- 
tents so  that  at  length  the  situation  became  so  acute 
that  in  1883  the  Civil  Service  bill,  known  as  the 
Pendleton  bill  was  passed.  This  bill  provided  for 
a  commission  to  examine  into  the  fitness  of  ap- 
pointees and  also  gave  those  who  qualified,  their 

47 


position  for  life  on  good  behavior.    This  took  thou- 
sands of  positions  out  of  politics. 

The  power  of  the  President  to  remove  officers  is 
a  very  great  one  which  most  people  forget. 

3.  The  President  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions,  which  shall  expire  at  the  end 
of  their  next  session. 

Sec.  3.  He  shall,  from  time  to  time,  give  to  the  Con- 
gress information  of  the  state  of  the  Union,  and  recom- 
mend to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient ;  he  may,  on  extraordinary 
occasions,  convene  both  houses,  or  either  of  them,  and, 
in  case  of  disagreement  between  them  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper;  he  shall  receive  ambassa 
dors  and  other  public  ministers;  he  shall  take  care  th?i 
the  laws  be  faithfully  executed,  and  shall  commission  all 
the  officers  of  the  United  States. 

Q.     What  are  these  informations  called  ? 

A.     The  President's  message. 

Q.     How  often  does  he  give  one? 

A.  Whenever  Congress  meets  in  a  regular  or 
special  session,  the  President  sends  to  the  two 
houses  a  message  on  public  conditions  and  affairs. 
Those  sent  at  the  opening  of  Congress  contain 
many  matters  dealing  with  foreign  relations  and 
domestic  problems.  The  President  suggests  laws 
that  are  needed  and  leaves  the  adopting  of  them  to 
the  wish  of  Congress.  Special  messages  are  seldom 
sent  and  when  they  are,  relate  to  one  topic  as  for 
example  the  passage  of  an  amendment,  or  reform 

48 


of  the  tariff,  etc.  President  Wilson  was  the  first 
President  in  over  one  hundred  years  who  appeared 
before  Congress  in  person,  and  recommended  cer- 
tain legislation. 

All  American  army  and  navy  officers  receive  their 
commissions  or  licenses  from  the  President  of  the 
United  States. 

Sec.  4.  The  President,  Vice-President,  and  all  civil 
officers  of  the  United  States  shall  be  removed  from  office 
on  impeachment  for  and  conviction  of  treason,  bribery, 
or  other  high  crimes  and  misdemeanors. 

No  officer  is  above  impeachment.  One  President, 
Andrew  Johnson  narrowly  escaped  removal  from 
office  through  impeachment. 

Treason  is  described  in  the  next  chapter. 

Bribery  is  the  influencing  of  an  officer  to  do  what 
is  not  his  duty  for  a  consideration. 

A  misdemeanor  is  an  offense  against  the  law  not 
punishable  in  the  state  penitentiary  but  in  the 
county  jail. 


49 


THE    JUDICIAL    DEPARTMENT. 

ARTICLE  III. 
JUDICIAL   DEPARTMENT. 

Section  1.  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  Supreme  Court,  and  in  such  in- 
ferior courts  as  the  Congress  may  from  time  to  time  or- 
dain and  establish.  The  Judges,  both  of  the  Supreme 
and  inferior  courts,  shall  hold  their  offices  during  good 
behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation  which  shall  not  be  diminished 
during  their  continuance  in  office. 

When  Congress  first  met  in  1789  it  had  to  provide 
lower  United  States  courts  as  the  Constitution 
established  only  the  Supreme  Court. 

Q.  How  many  members  are  there  in  the  Su- 
preme Court? 

A.  The  Supreme  Court  consists  of  the  Chief 
Justice  and  eight  associate  justices.  This  court 
meets  in  the  Capitol  at  Washington,  D.  C.,  from 
October  to  July.  At  least  six  judges  must  be  pres- 
ent at  the  trial  of  a  case  and  a  majority  opinion 
is  needed  in  the  rendering  of  an  opinion.  The  chief 
justice  presides  over  the  court  but  gets  but  one 
vote  on  decisions. 

Q.  What  is  the  salary  of  members  of  the 
Supreme  Court? 

A.  The  salary  of  the  chief  justice  is  fifteen  thou- 
sand dollars  per  annum,  that  of  other  members  is 
fourteen  thousand  five  hundred  dollars. 

Q.    Who  is  the  chief  justice? 

A.    Hon.  Edward  D.  White. 

50 


Q.     What  are  the  other  inferior  courts! 

A.  The  circuit  court  of  appeals,  and  the  district 
courts. 

Q.     How  many  circuit  courts  of  appeal  are  there? 

A.     Nine. 

Q.     How  many  judges  in  each  circuit  court? 

A.  Two,  three  or  four,  but  judges  of  the  district 
court  often  sit  with  them. 

Q.     What  circuit  are  we  in? 

A.  The  ninth  consisting  of  the  following  states: 
Alaska,  Arizona,  California,  Idaho,  Montana,  Ne- 
vada, Oregon,  Washington  and  Hawaii. 

Q.     How  many  district  courts  are  there? 

A.    Ninety. 

Q.     How  many  in  California? 

A.  Two;  the  district  of  the  North  and  of  the 
South. 

Q.  How  many  judges  in  each  district  in  Cali- 
fornia? 

A.    Two. 

Q.     Who  are  the  judges  of  the  Northern  District? 

A.  Hon.  Wm.  C.  Van  Fleet  and  Hon.  Maurice 
T.  Dooling. 

Q.    What  is  the  term  of  office  of  a  federal  judge? 

A.  He  is  appointed  by  the  President  with  the 
ratification  of  the  Senate  for  life  on  good  behavior. 

Q.     Are  there  any  other  United  States  courts? 

A.  Yes.  There  is  the  court  of  claims,  which 
meets  in  Washington  and  determines  the  validity  of 
claims  on  contracts  with  the  United  States.  Then 
there  are  courts  known  as  territorial  courts  cor- 
responding to  state  superior  courts  which  are 
appointed  by  the  President.  Also  there  are  the 
courts  for  the  District  of  Columbia. 

51 


Q.  What  is  the  chief  duty  of  the  Supreme 
Court! 

A.  It  defends  the  Constitution,  interpreting  the 
laws,  determining  whether  they  are  made  in  accord 
with  the  letter  and  spirit  of  the  Constitution.  Any 
laws  made  contrary  to  the  Constitution,  the  Su- 
preme Court  has  the  power  to  declare  void.  The 
Supreme  Court  has  been  called  the  guardian  of 
the  Constitution. 

Q.  Does  the  Supreme  Court  judge  every  law 
when  it  is  made  by  the  legislature? 

A.  No;  and  it  does  not  seek  out  any  law  the 
moment  it  is  passed.  The  way  laws  come  up  to  this 
court  is  in  connection  with  some  case  in  which  the 
law  has  not  been  supported  or  abided  by.  When 
the  court  does  decide  a  case,  then  the  people  con- 
cerned in  the  case,  and  the  rest  of  the  nation  must 
obey.  For  when  the  Supreme  Court  speaks  it  is 
expressing  the  will  of  the  people.  If  by  any  chance 
the  people  are  dissatisfied,  they  have  their  remedy 
in  their  opportunity  to  amend  the  Constitution. 

Sec.  2.  1  The  judicial  power  shall  extend  to  all  cases, 
in  law  and  equity,  arising  under  this  Constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority;  to  all  cases  affect- 
ing ambassadors,  other  public  ministers,  and  consuls; 
to  all  cases  of  admiralty  and  maritime  jurisdiction;  to 
controversies  to  which  the  United  States  shall  be  a 
party ;  to  controversies  between  two  or  more  States ;  be- 
tween a  State  and  citizens  of  another  State;  between 
citizens  of  different  States;  between  citizens  of  the  same 
State  claiming  lands  under  grants  of  different  States; 

52 


and  between  a  State,  or  the  citizens  thereof,  and  foreign 
States,  citizens  or  subjects. 

2.  In   all   cases   affecting1   ambassadors,   other  public 
ministers,  and  consuls,  and  those  in  which  a  State  shall 
be  a  party,  the  Supreme  Court  shall  have  original  juris- 
diction.   In  all  the  other  cases  before  mentioned  the  Su- 
preme Court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions  and  under  such  regu- 
lations as  the  Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury;  and  such  trial  shall  be  held  in  the 
State  where  the  said  crimes  shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  trial  shall 
be  put  at  such  place  or  places  as  the  Congress  may,  by 
law,  have  directed. 

The  Constitution  is  not  interpreted  by  .the  court 
giving  special  opinions,  but  by  their  work  in  the 
decision  of  cases  as  they  come  up.  When  a  person 
thinks  that  he  has  been  injured  in  the  way  a  law 
has  been  enforced,  he  brings  suit,  and  should  the 
meaning  of  some  phase  of  the  Constitution  be  in- 
volved, the  court  then  and  there  determines  it. 

Q.     What  is  equity? 

A.     Equity  now  means  the  law. 

Q.     What  is  a  treaty? 

A.     A  written  contract  between  nations. 

Q.     What  is  an  ambassador? 

A.  The  political  representative  of  one  country 
to  another. 

Q.    What  is  a  consul? 

A.  An  agent  of  the  government  who  looks  after 
the  affairs  of  Americans  abroad. 

53 


Q.     What  are  admiralty  and  maritime  cases? 

A.  Those  cases  arising  at  sea ;  or  concerning 
shipping  contracts,  etc. 

Q.  Why  has  the  federal  court  jurisdiction  over 
controversies  arising  between  states  and  citizens 
thereof? 

A.  Because  a  state  will  not  permit  itself  to  be 
sued  in  the  courts  of  another  state  and  there  is 
only  one  course  left,  that  of  trial  in  the  Unied 
States  courts. 

Q.  Can  an  individual  compel  a  state  to  appear 
in  a  suit  brought  by  him  against  it? 

A.  No;  because  each  state  is  sovereign  and  as 
such  can  refuse  to  be  sued.  The  thing  for  the  in- 
dividual to  do  is  to  first  obtain  the  consent  of  the 
legislature  to  the  suit. 

Q.  What  is  meant  by  original  jurisdiction  found 
in  section  two  above? 

A.  That  cases  are  brought  directly,  or  first  to 
the  Supreme  Court,  without  having  to  go  as  other 
cases  do,  through  the  district  and  circuit  courts 
first. 

Q.  What  crimes  are  referred  to  in  section  three 
above  ? 

A.  All  those  committed  against  the  authority 
of  the  United  States,  such  as  counterfeiting  the  coin 
of  the  United  States,  stealing  from  the  United 
States  mail,  etc. 

Sec.  3.  1.  Treason  against  the  United  States  shall 
consist  only  in  levying  war  against  them,  or  in  adhering 
to  their  enemies,  giving  them  aid  and  comfort. 

54 


This  crime  involves  a  breach  of  allegiance  to  the 
government,  by  a  citizen  thereof,  and  is  the  great- 
est crime  known  to  the  law. 

2.  No  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  court. 

Q.     What  is  an  overt  act? 

A.  One  tending  to  carry  out  some  plan  like 
treason,  etc. 

3.  The  Congress  shall  have  power  to  declare  the  pun- 
ishment of  treason;  but  no  attainder  of  treason  shall 
work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted. 

Q.     What  is  corruption  of  blood? 

A.  This  is  the  old  common  law  phrase,  which 
meant  that  the  person  convicted  of  a  crime  is 
attainted  and  one  of  the  results  of  attainder  is 
corruption  on  blood,  which  means  a  man  cannot 
bestow  his  estate,  nor  can  his  descendants  claim 
from  him. 


55 


THE  STATES  AND  THE  FEDERAL 
GOVERNMENT. 

ARTICLE  IV. 

THE  STATES  AND  THE  FEDERAL  GOVERNMENT. 
Section  1.  Full  faith  and  credit  shall  be  given  in  each 
State  to  the  public  acts,  records,  and  judicial  proceedings 
of  every  other  State.  And  the  Congress  may,  by  general 
laws,  prescribe  the  manner  in  which  such  acts,  records 
and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Q.     What  is  the  effect  of  this  section? 

A.  It  indicates  that  although  a  state  may  estab- 
lish any  kind  of  a  government  it  sees  fit,  so  long 
as  it  abides  by  the  Constitution,  still  it  must  take 
care  of  its  relations  with  other  states.  One  state 
cannot  treat  another  as  it  would  a  foreign  country. 
Under  the  above  provision,  there  are  several  im- 
portant duties  owed  one  state  by  another.  If  one 
state  recognizes  a  law  or  a  deed,  or  a  will  as  good 
and  valid,  the  other  states  must  do  so.  Although 
the  state  law  need  not  be  obeyed  outside  Cali- 
fornia, nevertheless  other  states  must  recognize  it 
as  a  California  law  and  respect  it  as  such. 

Sec.  2.  1.  The  citizens  of  each  State  shall  be  entitled 
to  all  the  privileges  and  immunities  of  citizens  in  the 
several  States. 

In  other  words,  a  citizen  of  California  may  go 
to  New  York  and  live  there  and  do  business  under 
the  same  laws  and  with  similar  privileges  as  those 
enjoyed  by  a  citizen  of  New  York. 

56 


2.  A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime,  who  shall  flee  from  justice  and  be  found 
in  another  State,  shall,  on  demand  of  the  executive  au- 
thority of  the  State  from  which  he  fled,  be  delivered  up, 
to  be  removed  to  the  State  having  jurisdiction  of  the 
crime. 

This  section  applies  to  the  return  of  criminals 
from  one  state  to  another.  The  governor  of  the 
state  where  the  criminal  has  taken  refuge,  is  sup- 
posed on  the  request  of  the  state  seeking  the 
criminal,  to  return  him,  but  custom  has  established 
the  rule  of  interstate  courtesy  in  this  matter,  so 
that  requests  of  sister  states  are  rarely  refused. 

3.  No  person  held  to  service  or  labor  in  one  State, 
under  the  laws  thereof,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  be  dis- 
charged from  such  service  or  labor,  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  service  or  labor 
may  be  due. 

This  section  applied  to  escaped  slaves  and  since 
the  Civil  War  has  not  been  in  effect. 

Sec.  3.  1.  New  States  may  be  admitted  by  the  Con- 
gress into  this  Union;  but  no  new  States  shall  be  formed 
or  erected  within  the  jurisdiction  of  any  other  State; 
nor  any  State  be  formed  by  the  junction  of  two  or  more 
States,  or  parts  of  States,  without  the  consent  of  the 
Legislatures  of  the  States  concerned,  as  well  as  of  Con- 
gress. 

2.  The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  Constitution  shall  be  so  con- 

57 


strued  as  to  prejudice  any  claims  of  the  United  States, 
or  of  any  particular  State. 

Q.     What  is  the  jurisdiction  of  Congress? 

A.  Congress  controls  those  matters  which  con- 
cern the  welfare  of  the  whole  body  of  the  Ameri- 
can people.  The  states  manage  those  powers  which 
relate  to  matters  of  local  and  personal  concern. 

Sec.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  republican  form  of  government, 
and  shall  protect  each  of  them  against  invasion;  and, 
on  application  of  the  Legislature,  or  of  the  Executive 
(when  the  Legislature  cannot  be  convened),  against 
domestic  violence. 

Q.     What  is  a  republican  form  of  government? 

A.  A  government  by  the  people  through  repre- 
sentatives or  delegates  elected  by  them.  It  differs 
from  the  pure  democracy  where  the  people  make 
laws  not  through  representatives  but  by  themselves 
as  a  group. 

AKTICLE  V. 
AMENDMENTS. 

Section  1.  The  Congress,  whenever  two  thirds  of 
both  houses  shall  deem  it  necessary,  shall  propose  amend- 
ments to  this  Constitution,  or,  on  the  application  of  the 
Legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in 
either  case,  shall  be  valid,  to  all  intents  and  purposes, 
as  part  of  this  Constitution,  when  ratified  by  the  Legis- 
latures of  three  fourths  of  the  several  States  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  proposed  by  the  Con- 

58 


gress;  provided,  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall,  in  any  manner,  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  article;  and  that 
no  State,  without  its  consent,  shall  be  deprived  of  its 
equal  suffrage  in  the  Senate. 

One  of  the  great  faults  with  the  Articles  of  Con- 
federation was  that  in  order  to  amend  them,  it  was 
necessary  to  get  the  consent  of  all  the  states. 
Although  the  two  methods  of  amending  the  Consti- 
tution above  make  it  easier;  yet  it  is  by  no  means 
the  simple  process  that  it  seems.  It  is  one  of  the 
most  difficult  things  imaginable  to  amend  the  Con- 
stitution, the  few  amendments  we  have  proving 
this  assertion. 

Q.     What  is  an  amendment? 

A.     An  addition  to  the  Constitution. 

Q.     How  can  the  Constitution  be  changed? 

A.     By  amendment. 

Q.  How  many  ways  are  there  to  amend  the 
Constitution? 

A.     Two. 

Q.    What  are  they? 

A.  (1)  The  amendment  must  pass  both  houses 
of  Congress  by  a  two  thirds  vote,  and  then  be 
ratified  by  three  fourths  of  the  legislatures  of  the 
states,  or  by  conventions  called  in  the  states  for 
that  purpose,  or 

(2)  failing  to  pass  through  Congress,  there  is 
the  alternative  method  of  the  states  calling  to- 
gether a  convention  and  passing  the  proposed 
amendment  by  a  vote  of  two  thirds  of  the  states, 
afterwards  ratifying  this  by  a  vote  of  three  fourths 
of  the  legislatures  of  the  states  or  conventions 
called  for  that  purpose. 

59 


ARTICLE  VI. 

PROMISCUOUS  PROVISIONS. 

Section  1.    1.    All  debts  contracted  and  engagements 
entered  into,  before  the  adoption  of  this  Constitution, 
shall  be  as  valid  against  the  United  States,  under  this 
Constitution,  as  under  the  Confederation. 
Q.    What  was  the  effect  of  this  section? 
A.     It  guaranteed  the  payment  of  the  old  govern- 
ment's debts  by  the  new. 

2.  This    Constitution,    and   the   laws   of   the    United 
States  which  shall  be  made  in  pursuance  thereof,  and  all 
treaties  made,  or  which  shall  be  made,  under  the  author- 
ity of  the  United  States,  shall  be  the  supreme  law  of 
the  land;  and  the  judges  in  every  State  shall  be  bound 
thereby,  anything  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding. 

Q.    What  is  the  highest  law  in  the  land? 
A.     The   Constitution,   the   laws    of   the   United 
States  and  the  treaties. 

3.  The  Senators  and  Representatives  before  mentioned, 
and   the   members   of   the   several   State   Legislatures, 
and  all  executive  and  judicial  officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound,  by  oath 
or  affirmation,  to  support  this  Constitution;  but  no  re- 
ligious test  shall  ever  be  required  as  a  qualification  to 
any  office  or  public  trust  under  the  United  States. 

No  matter  what  church  a  man  belongs  to  he 
has  the  right  to  hold  a  government  office,  so  we 
have  Protestants  and  Jews  and  Catholics  in  office. 
There  is  no  better  qualification  outside  of  those 
designated  in  this  Constitution  than  ability,  loyalty 
to  the  country  and  good  citizenship. 

60 


ARTICLE  VII. 
KATIFICATION  OF  CONSTITUTION. 

Section  1.  The  ratification  of  the  conventions  of  nine 
States  shall  be  sufficient  for  the  establishment  of  this 
Constitution  between  the  States  so  ratifying  the  same. 

The  Constitution  was  adopted  at  Philadelphia, 
Pennsylvania,  on  the  seventeenth  day  of  Septem- 
ber, 1787. 

The  Constitution  went  into  effect  the  fourth  day 
of  March,  1789.  The  thirteen  states  ratifying  the 
Constitution  were  Delaware,  Pennsylvania,  New 
Jersey,  Georgia,  Connecticut,  Massachusetts,  Mary- 
land, South  Carolina,  New  Hampshire,  Virginia  and 
New  York,  North  Carolina  and  Rhode  Island. 


The  Amendments  to  the  Constitution 

Q.  How  many  amendments  are  there  to  the 
Federal  Constitution  I 

A.     Seventeen. 

Although  it  is  much  easier  to  amend  the  Constitu- 
tion than  it  was  to  amend  the  Articles  of  Confed- 
eration, still  it  is  very  difficult  to  accomplish,  when 
you  remember  that  the  first  twelve  were  passed 
before  1805,  the  next  three  after  the  Civil  War 
and  then  in  order  to  establish  the  rights  of  the 
negroes,  while  the  last  two  were  made  part  of  the 
Constitution  in  1913. 

The  first  ten  amendments  have  been  called  the 
American  Bill  of  Eights,  a  name  copied  after  the 
English  Bill  of  Eights.  These  include  rights  that 

61 


Englishmen  and  Americans  have  enjoyed  for  hun- 
dreds of  years  such  as  the  right  to  free  speech,  to 
carry  arms,  etc.  After  the  Constitution  was  passed 
the  people  discovered  that  these  rights  were  not 
included  in  it,  so  to  prevent  any  action  on  the 
part  of  Congress  depriving  the  people  of  these 
privileges  they  passed  the  first  ten  amendments. 

The  next  amendment  prevents  a  State  being 
sued  against  its  will  in  a  federal  court. 

The  twelfth  amendment  explains  how  the  Presi- 
dent and  Vice-President  are  elected. 

The  thirteenth  freed  the  slaves,  the  fourteenth 
gave  them  the  citizenship,  and  the  fifteenth  be- 
stowed on  them  the  privilege  of  the  ballot  or  the 
vote. 

The  sixteenth  is  the  income  tax. 

The  seventeenth  provides  for  the  direct  election 
of  United  States  senators. 


ARTICLE  I. 

FREEDOM   OF  RELIGION,   OF   SPEECH,   OF  THE   PRESS, 
AND  EIGHT  OF  PETITION. 

Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof, 
or  abridging  the  freedom  of  speech  or  of  the  press;  or 
the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

Q.     Is  there  a  state  church  in  America? 

A.  No;  this  amendment  prevents  the  establish- 
ment of  one. 


Q.  Can  a  citizen  or  a  foreigner  say  anything 
they  wish? 

A.  Yes,  so  long  as  they  do  not  offend  good 
morals  or  create  by  their  words  a  public  disturb- 
ance. 

ARTICLE  II. 

A  well-regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

Q.     Can  a  person  carry  a  gun  on  the  streets! 

A.  Yes,  so  long  as  it  is  not  concealed,  and  pro- 
vided that  there  is  no  local  ordinance  or  law  against 
this. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

Q.     Why  not! 

A.  Because  in  this  country  a  man's  house  is 
supposed  to  be  his  castle  and  a  sacred  place,  which 
can  be  entered  by  soldiers  only  in  time  of  public 
need.  In  Germany,  France,  Italy,  the  custom  is 
to  provide  for  the  care  of  troops  in  this  way. 

ARTICLE  IV. 

PERSONS  AND  HOUSES   SECURE  FROM 
UNREASONABLE  SEARCHES. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrants  shall 

63 


issue  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be 
searched  and  the  persons  or  things  to  be  seized. 

By  reason  of  this  section  no  one  may  enter  your 
house  without  a  properly  made  out  search  warrant 
to  look  for  a  person  or  thing. 

ARTICLE  V. 
TRIALS  FOB  CRIMES — DUE  PROCESS  CLAUSE. 

No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offense  to  be  twice  put 
in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in 
any  criminal  case  to  be  a  witness  against  himself;  nor 
be  deprived  of  life,  liberty,  or  property,  without  due 
process  of  law;  nor  shall  private  property  be  taken  for 
public  use  without  just  compensation. 

This  amendment  secures  the  individual  from 
congressional  abuse. 

Q.     What  is  a  capital  crime? 

A.     One  punishable  by  death,  such  as  murder. 

Q.  What  is  meant  by  being  twice  put  in  jeop- 
ardy of  life  and  limb? 

A.  Being  tried  for  some  crime  and  released, 
then  tried  a  second  time  for  the  same  offense  on 
somewhat  different  evidence.  In  other  words  your 
life  is  in  danger  twice. 

Q.    What  is  meant  by  due  process? 

A.    A  fair  trial  at  law. 

64 


Q.  Should  the  property  of  a  private  person  be 
taken? 

A.  Yes,  for  a  public  purpose;  for  the  rule  is 
that  the  few  must  give  way  in  favor  of  the  ma- 
jority. 


ARTICLE  VI. 

-* 

In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial 
jury  of  the  State  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law,  and  to  be  informed  of 
the  nature  and  cause  of  the  accusation ;  to  be  confronted 
with  the  witnesses  against  him;  to  have  compulsory  pro- 
cess for  obtaining  witnesses  in  his  favor,  and  to  have  the 
assistance  of  counsel  for  his  defense. 

Q.     What  is  compulsory  process? 

A.  The  law  provides  that  when  a  person  on 
trial  needs  a  witness  to  testify  on  his  behalf,  that 
man  will  have  to  come  to  the  trial. 

Q.     Suppose  a  poor  man  cannot  hire  a  lawyer? 
A.     Then  the  government  supplies  one. 

ARTICLE  VII. 

In  suits  at  common  law  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved;  and  no  fact,  tried  by  a  jury,  shall 
be  otherwise  re-examined  in  any  court  of  the  United 
States  than  according  to  the  rules  of  the  common  law. 

65 


AKTICLE  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

Q.    What  is  bail? 

A.  The  security  put  up  by  friends  of  the  accused 
that  he  will  appear  when  the  court  wishes  him. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  re- 
tained by  the  people. 

This  simply  means  that  the  people  have  other 
rights  although  not  mentioned  here. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  re- 
served to  the  States,  respectively,  or  to  the  people. 

This  means  that  all  powers  not  found  granted  to 
the  federal  government  in  this  Constitution,  belong 
to  the  states  and  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States 
by  citizens  of  another  State,  or  by  citizens  or  subjects 
of  any  foreign  State. 

Q.     Why  not? 

A.  Because  a  state  is  a  sovereign  body  and 
cannot  be  sued  without  its  consent. 

Q.     How  can  this  consent  be  secured! 

A.     From  the  state  legislature. 

66 


ARTICLE  XII. 

The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  bal- 
lots the  person  voted  for  as  Vice-President;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as 
President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of  the  Senate 
shall,  in  the  presence  of  the  Senate  and  House  of  Rep- 
resentatives, open  all  the  certificates,  and  the  votes  shall 
then  be  counted.  The  person  having  the  greatest  number 
of  votes  for  President  shall  be  the  President,  if  such  a 
number  be  a  majority  of  the  whole  number  of  Electors 
appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  ex- 
ceeding three,  on  the  list  of  those  voted  for  as  President, 
the  House  of  Representatives  shall  choose  immediately, 
by  ballot,  the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  States,  the  representation 
from  each  State  having  one  vote;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall 
be  necessary  to  a  choice.  And  if  the  House  of  Repre- 
sentatives shall  not  choose  a  President,  whenever  the 
right  of  choice  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then  the  Vice-Presi- 
dent shall  act  as  President,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  President.  The 
person  having  the  greatest  number  of  votes  as  Vice- 

67 


President  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed; 
and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list  the  Senate  shall  choose  the 
Vice-President;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  ineligible  to  the 
office  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States. 

This  amendment  has  been  explained  already 
under  the  executive  department. 

ARTICLE  XIII. 

Section  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

Sec.  2.  Congress  shall  have  power  to  enforce  this  art- 
icle by  appropriate  legislation. 

Q.     To  whom  did  this  apply? 

A.  To  the  negro  slaves,  this  secured  their 
freedom. 

Q.  What  was  the  Emancipation  Proclamation 
of  President  Lincoln  written  in  1863? 

A.  This  set  the  negroes  free  in  territory  oc- 
cupied by  Northern  armies;  but  those  negroes,  in 
the  Southern  states  where  the  Confederates  were 
still  in  power,  were  not  affected  by  the  Proclama- 
tion. After  the  war  the  thirteenth  amendment 
settled  the  question  forever. 

68 


ARTICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in  the 
United  States  and  subject  to  the  jurisdiction  thereof, 
are  citizens  of  the  United  States  and  of  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citi- 
zens of  the  United  States;  nor  shall  any  State  deprive 
any  person  of  life,  liberty,  or  property,  without  due 
process  of  law,  nor  deny  to  any  person  within  its  juris- 
diction the  equal  protection  of  the  laws. 

Sec.  2.  Representatives  shall  be  apportioned  among 
the  several  States,  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State, 
excluding  Indians  not  taxed.  But  when  the  right  to 
vote  at  any  election  for  the  choice  of  Electors  for  Presi- 
dent and  Vice-President  of  the  United  States,  Representa- 
tives in  Congress,  the  executive  and  judicial  officers  of  a 
State,  or  the  members  of  the  Legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such  State, 
being  twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation 
in  rebellion,  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in 
such  State. 

Sec.  3.  No  person  shall  be  a  Senator  or  Representa- 
tive in  Congress,  or  Elector  of  President  and  Vice-Presi- 
dent, or  hold  any  office,  civil  or  military,  under  the 
United  States,  or  under  any  State,  who,  having  pre- 
viously taken  an  oath  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any  State 
Legislature,  or  as  an  executive  or  judicial  officer  of  any 
State,  to  support  the  Constitution  of  the  United  States, 

69 


shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two  thirds  of  each  house, 
remove  such  disability. 

Sec.  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
payment  of  pensions  and  bounties  for  services  in  sup- 
pressing insurrection  or  rebellion,  shall  not  be  ques- 
tioned. But  neither  the  United  States  nor  any  State 
shall  assume  or  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States, 
or  any  claim  for  the  loss  or  emancipation  of  any  slave; 
but  all  such  debts,  obligations,  and  claims  shall  be  held 
illegal  and  void. 

Sec.  5.  The  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 

This  amendment  defines  what  a  citizen  is,  and 
secures  the  individual  from  any  aggression  on  the 
part  of  the  state.  This  together  with  the  fifth 
amendment  which  protects  the  citizen  from  Con- 
gress are  the  great  defenses  of  the  individual. 

Q.     What  is  a  citizen? 

A.     One  born  here  or  naturalized. 

Q.     Can  a  Chinese  become  a  citizen! 

A.  No,  as  no  Mongolian  can  become  naturalized. 
Their  children  born  here  are  American  citizens. 

AKTICLE  XV. 

Section  1.  The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United 
States,  or  by  any  State,  on  account  of  race,  color,  or 
previous  condition  of  servitude. 

70 


Sec.  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 

This  section  gave  the  negro  the  right  to  vote. 

AETICLE  XVI. 

Congress  shall  have  power  to  lay  and  collect  taxes  on 
incomes  from  whatever  source  derived  without  appor- 
tionment among  the  several  states  and  without  regard 
to  census  enumeration. 

This  tax  is  not  a  capitation  tax,  one  that  affects 
everyone,  but  only  those  with  an  income  of  three 
thousand  dollars  a  year  if  single,  four  thousand  if 
married,  pay.  It  is  a  good  tax,  in  that  it  makes  the 
individual  feel  his  responsibility  to  the  government, 
as  he  did  not  under  the  tariff  and  revenue  taxes 
which  the  importer  paid  directly  and  we  paid  in- 
directly. 

ARTICLE  XVII. 

The  Senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  state  elected  by  the  people 
thereof  for  six  years;  and  each  senator  shall  have  one 
vote.  The  electors  in  each  state  shall  have  the  qualifica- 
tions requisite  for  the  most  numerous  branch  of  the 
state  legislature.  When  vacancies  happen  in  the  repre- 
sentation of  any  state  in  the  senate  the  executive  au- 
thority of  such  state  shall  issue  writs  of  election  to  fill 
such  vacancy;  provided  that  the  legislature  of  any  state 
may  empower  the  executive  thereof  to  make  temporary 
appointments  until  the  people  fill  the  vacancies  by  elec- 
tion, as  the  legislature  may  direct.  This  amendment 
shall  not  be  so  construed  to  affect  the  election  or  term 
of  any  senator  chosen  before  it  becomes  valid  as  part 
of  the  Constitution. 

71 


This  provision  gives  the  people  an  influence  over 
their  senators  that  they  did  not  have  when  senators 
were  selected  by  the  state  legislatures.  Then  the 
corporations  had  more  influence  than  the  people, 
and  their  wishes,  and  not  those  of  the  state,  were 
carried  out. 

While  the  Constitution  has  not  been  enlarged 
much  in  the  past  hundred  years  by  amendments, 
yet  by  the  construction  placed  on  its  sections  by 
Congress  and  the  courts,  its  usefulness  has  been 
increased  and  its  powers  broadened.  It  has  been 
changed,  not  so  much  in  form  as  in  the  new  inter- 
pretations. 


72 


General  Features  of  the  State 
Governments 


Besides  the  federal  or  central  government  there 
are  forty-eight  smaller  governments  known  as 
states.  The  powers  enjoyed  by  these  small  political 
divisions  are  many,  as  the  Constitution  itself  says, 
that  all  powers  not  granted  to  Congress  are  re- 
served to  the  states  and  the  people. 

Each  state  may  set  up  that  form  of  government 
its  people  wish,  but  it  must  not  conflict  with  the 
Federal  Constitution.  The  state  governments  are 
all  republican  in  character  and  do  not  differ  very 
much  one  from  the  other. 

All  the  states  have  the  following  characteristics: 

A  written  constitution. 

Three  departments  of  government. 

A  chief  executive  called  the  governor  elected  by 
the  people. 

A  two-bodied  legislature  chosen  by  the  people. 

A  judiciary  generally  elected  by  the  people, 
although  in  some  states  the  judges  are  appointed. 

Each  state  governs  itself. 

Each  state  has  a  public  school  system. 


CALIFORNIA. 

The  State  of  California  was  admitted  to  the 
United  States  September  ninth,  1850. 

But  this  state  had  already  adopted  a  state  con- 
stitution in  the  year  1849.  This  lasted  until  the 

73 


present  constitution  was  adopted  in  1879,  which 
provides  for  three  great  departments  of  govern- 
ment: executive,  legislative  and  judicial. 

The  state  legislature,  as  the  law-making  body  is 
called,  meets  in  Sacramento,  at  the  State  Capitol. 
It  is  divided  into  two  houses — the  Senate  and 
the  Assembly. 

There  are  eighty  members  of  the  Assembly, 
elected  for  a  term  of  two  years.  They  are  elected 
from  Assembly  districts.  The  Assembly  like  the 
House  of  Eepresentatives  is  chosen  every  two  years 
and  goes  in  and  out  altogether.  The  head  of  the 
Assembly  is  called  the  Speaker. 

The  Senate  is  composed  of  forty  members  elected 
from  senatorial  districts,  for  a  term  of  four  years. 
This  body,  like  the  United  States  Senate,  has  half 
its  members,  i.  e.,  twenty,  chosen  every  two  years, 
so  that  there  are  always  experienced  men  in  office. 
The  Lieutenant  Governor  is  the  presiding  officer 
of  the  Senate. 

Should  either  Speaker  or  Lieutenant  Governor 
be  unable  to  appear,  temporary  officers  are  chosen 
out  of  the  respective  bodies. 

The  salary  of  senators  and  assemblymen  is  $1,000 
per  year  and  mileage  consisting  of  ten  cents  per 
mile. 

The  legislature  meets  every  two  years,  with 
special  sessions  at  the  will  of  the  governor. 

The  authority  of  the  state  legislature  is  very 
great  and  is  limited  only  by  the  Constitution  of 
the  United  States,  and  that  of  the  State  Constitu- 
tion. Some  of  the  powers  exercised  by  this  body 
are  the  following:  The  regulating  of  taxes,  licenses 
and  fees,  the  granting  of  charters  to  cities,  rail- 

74 


roads,  banks,  colleges,  and  other  corporations, 
public  and  private,  it  makes  laws  concerning  land 
and  its  sale,  mortgages,  deeds,  wills,  estates,  it 
makes  laws  and  punishes  crimes  such  as  murder, 
treason,  bribery,  etc.;  it  provides  for  the  safety  of 
public  health,  makes  laws  concerning  marriage, 
education,  elections,  manufacturing,  etc.  These  are 
only  a  few  of  the  powers  possessed  and  exercised 
by  this  body. 

.  The  following  are  lists  of  senators  and  asembly- 
men  at  present  in  office  with  their  various  districts. 


SENATOKS 
(Forty-first  Session,  1915.) 


District 

Name 

County 

39 

Anderson,  John  N. 

Orange 

38 

Ballard,  John  W. 

Los  Angeles 

18 

Beban,  D.  J. 

San  Francisco 

34 

Benedict,  H.  S. 

Los  Angeles 

27 

Benson,  F.  H. 

Santa  Clara 

3 

Birdsall,  E.  S. 

Placer 

15 

Breed,  A.  H. 

Alameda 

37 

Brown,  W.  E. 

Los  Angeles 

31 

Butler,  E.  M. 

Los  Angeles 

17 

Campbell,  A.  E. 

San  Luis  Obispo 

36 

Carr,  W.  J. 

Los  Angeles 

26 

Chandler,  W.  F. 

Fresno 

33 

Cogswell,  P.  F. 

Los  Angeles 

7 

Cohn,  P.  C. 

Sacramento 

75 


Senators   (Forty-first  Session,  1915)   Contd. 


District 


Name 


County 


22  Crowley,  J.  J. 

6  Duncan,  W.  E.,  Jr. 

23  Finn,  T.  F. 

24  Flaherty,  L.  J. 

11  Flint,  W.  R. 
21  Gerdes,  F.  C. 
14  Hans,  G.  J. 
32  Irwin,  J.  L.  C. 

28  Jones,  H.  C. 

1  Kehoe,  W. 
30  King,  L.  M. 
40  Luce,  E.  A. 

29  Lyon,  H.  H. 

12  Maddux,  L.  J. 

25  Mott,  D.  W. 
9  Owens,  J.  C. 

4  Purkitt,  C.  F. 

5  Bush,  B.  F. 
20  Scott,  W.  S. 

2  Shearer,  W.  B. 
8  Slater,  H.  W. 

13  Strobridge,  E.  K. 
10  Stuckenbruck,  J.  W. 
35  Thompson,  N.  W. 
16  Tyrrell,  E.  J. 

19  Wolfe,  E.  I. 


San  Francisco 

Butte 

San  Francisco 

San  Francisco 

San  Benito 

San  Francisco 

Alameda 

Kings 

Santa  Clara 

Humboldt 

San  Bernardino 

San  Diego 

Los  Angeles 

Stanislaus 

Ventura 

Contra  Costa 

Glenn 

Solano 

San  Francisco 

Siskiyou 

Sonoma 

Alameda 

San  Joaquin 

Los  Angeles 

Alameda 

San  Francisco 


John  M.  Eshleman,  President  (died  March,  1916), 
N.  W.  Thompson,  President  pro  tempore. 


76 


MEMBEKS  OF  ASSEMBLY 
(Forty-first  Session,  1915.) 


District 

Name 

County 

39 

Anderson,  Frank  W. 

Alameda 

35 

Arnerich,  Paul  J. 

Alameda 

19 

Ashley,  George  W. 

San  Joaquin 

77 

Avey,  William  A. 

Riverside 

63 

Bartlett,  Alfred  L. 

Los  Angeles 

34 

Beck,  George 

Alameda 

66 

Benton,  Richmond  P. 

Los  Angeles 

12 

Boude,  Knox 

Sonoma 

48 

Boyce,  A.  E. 

Monterey 

42 

Brown,  Henry  W. 

San  Mateo 

47 

Browne,  Maurice  B. 

Tuolumne 

11 

Bruck,  Bismark 

Napa 

76 

Burke,  Joe  C. 

Orange 

29 

Byrnes,  James  J. 

San  Francisco 

33 

Canepa,  Victor  J. 

San  Francisco 

52 

Gary,  L.  B. 

Fresno 

72 

Chamberlain,  Harry  A. 

Los  Angeles 

14 

Chenoweth,  Walter  W. 

Sacramento 

24 

Collins,  W.  M. 

San  Francisco 

79 

Conard,  Grant 

San  Diego 

46 

Dennett,  Lewis  L. 

Stanislaus 

73 

Downing,  George  W. 

Los  Angeles 

20 

Edwards,  Lawrence 

San  Joaquin 

60 

Edwards,  Roger  G. 

Ventura 

49 

Ellis,  Edward  S. 

Merced 

36 

Encell,  Harry  A. 

Alameda 

38 

Ferguson,  Daniel 

Alameda 

67 

Fish,  Howard  J. 

Los  Angeles 

15 

Gebhart,  Lee 

Sacramento 

77 

Members  of  Assembly   (Forty-first  Session,  1915)   Contd. 


District 


Name 


County 


40  Gelder,  George 

25  Godsil,  Charles  W. 

56  Harris,  W.  W. 
51  Haws  on,  Henry 
45  Hayes,  D.  E. 

26  Hayes,  J.  J. 

57  Johnson,  George  H. 
80  Judson,  Fred  E. 

22  Kennedy,  William  P. 

16  Kerr,  Robert  I. 
59  Kramer,  Ira  E. 
54  Long,  W.  A. 

68  Lostutter,  L.  L. 

62  Lyon,  Charles  W. 

3  McCray,  C.  C. 

28  McDonald,  J.  J. 

21  McDonald,  Walter  A. 

75  McKnight,  James  S. 

43  McPherson,  H.  E. 

17  Manning,  J.  E. 
30  Marron,  Jos.  E. 

7  Meek,  B.  B. 

74  Mouser,  Frank  H. 

6  Pettis,  J.  A. 

58  Phelps,  John  S. 
65  Phillips,  Peter  C. 

27  Prendergast,  N.  J. 
2  Quinn,  John  F. 

1  Beam,  H.  B. 

53  Rigdon,  E.  S. 

32  Rogers,  Frank  N. 

78 


Alameda 

San  Francisco 

Kern 

Fresno 

Santa  Clara 

San  Francisco 

San  Bernardino 

San  Diego 

San  Francisco 

Amador 

Santa  Barbara 

Kings 

Los  Angeles 

Los  Angeles 

Shasta 

San  Francisco 

San  Francisco 

Los  Angeles 

Santa  Cruz 

Marin 

San  Francisco 

Butte 

Los  Angeles 

Mendocino 

San  Bernardino 

Los  Angeles 

San  Francisco 

Humboldt 

Siskiyou 

San  Luis  Obispo 

San  Francisco 


Members  of  Assembly   (Forty-first  Session,  1915)   Contd. 


District 


Name 


County 


70  Eominger,  Joseph  A. 
9  Rutherford,  F.  M. 

23  Ryan,  James  J. 

13  Salisbury,  George  W. 

37  Satterwhite,  William  T. 

31  Schmidt,  Milton  L. 

64  Scott,  Charles  E. 

55  Scott,  Fred  C. 

50  Scott,  L.  D. 

18  Sharkey,  William  R. 

4  Shartel,  A.  F. 

5  Sisson,  Elmer  L. 

71  Spengler,  Lewis  A. 
8  Tabler,  L.  N. 

10  Widenmann,  H.  J. 

78  Wills,  Robert  E. 

61  Wishard,  Harry  A. 

69  Wright,  Henry  W. 

44  Wright,  T.  M. 

41  Young,  C.  C. 


Los  Angeles 

Nevada 

San  Francisco 

Sonoma 

Alameda 

San  Francisco 

Los  Angeles 

Tulare 

Fresno 

Contra  Costa 

Modoc 

Tehama 

Los  Angeles 

Yolo 

Solano 

Imperial 

Los  Angeles 

Los  Angeles 

Santa  Clara 

Alameda 


THE  STATE  EXECUTIVE  DEPARTMENT. 

Those  officers  of  the  state  who  manage  special 
branches  of  the  state's  business  constitute  the 
executive  department.  In  California  the  highest 
officials  are  elected  by  the  people,  but  many  are 
also  appointed  by  the  governor.  The  result  of 
giving  a  great  appointive  power  to  the  governor 
is  to  place  in  his  hands  the  responsibility  for  the 

79 


acts  of  his  subordinates  to  a  greater  degree  than 
were  they  chosen  by  the  people. 

The  following  are  the  state  executive  officers 
elected  by  the  people: 

Governor. 

Lieutenant  Governor. 

Controller. 

Treasurer. 

Attorney  General. 

Surveyor  General. 

Superintendent  of  Public  Instruction. 

The  first  duty  of  the  governor  (today,  Hiram 
Johnson)  is  to  see  that  the  laws  are  faithfully 
executed.  Under  the  new  system  in  California  of 
making  the  governor  directly  responsible  for  the 
acts  of  his  subordinates  the  officer  either  does  his 
duty  or  the  governor  removes  him.  In  those  offices 
where  the  officer  is  elected  by  the  people  the  gov- 
ernor has  not  the  same  control  over  his  actions. 
Among  the  duties  of  the  governor  is  that  of  send- 
ing a  message  to  each  legislature  informing  them 
of  the  condition  of  the  state,  and  urging  whatever 
laws  he  deems  proper.  If  the  occasion  is  a  serious 
one  and  the  legislature  is  not  in  session,  he  can  call 
together  a  special  meeting  thereof.  He  has  in 
California  the  power  to  pardon  criminals  or  those 
whom  he  thinks  have  been  unjustly  condemned. 
He  fills  vacancies  in  the  elective  offices  caused  by 
death  or  resignation.  He  has  always  the  power 
to  veto  unwise  legislation  and  thereby  check  hasty 
action  on  the  part  of  the  legislature.  He  has  be- 
sides many  social  duties  such  as  presiding  over 
countless  banquets  wherein  some  interest  of  the 

80 


state  is  discussed,  laying  corner  stones,  opening 
fairs,  etc. 

The  Lieutenant  Governor  takes  the  governor's 
place  when  he  is  out  of  the  state  or  sick  and  in- 
capacitated. He  is  in  California  the  active  presi- 
dent of  the  state  senate  and  of  course  takes  the 
governor's  seat  in  case  of  death. 

The  Secretary  of  State  keeps  a  correct  record  of 
all  the  official  acts  of  the  legislative  and  the  ex- 
ecutive departments. 

The  Controller  manages  the  finances  of  the  state. 
His  position  is  that  of  auditor  also,  as  he  prepares 
plans  for  the  saving  and  expenditure  of  state  funds 
and  his  order  is  necessary  for  the  issuance  of 
money. 

The  Treasurer  takes  care  of  the  money  paid  into 
the  treasury. 

The  Attorney  General  represents  the  state  and 
the  people  thereof  in  all  legal  actions. 

The  Superintendent  of  Public  Instruction  is  the 
official  head  of  the  state  school  system. 

In  addition  to  the  above  officers  and  the  many 
whose  positions  we  have  not  room  to  speak  of  here, 
there  are  the  various  boards  or  commissions  the 
members  of  which  are  appointed  by  the  governor. 
Among  these  are: 

State  Board  of  Equalization  which  controls  the 
assessment  of  taxes  between  counties  throughout 
the  state. 

State  Board  of  Eailroad  Commissioners  which 
secures  fair  rates  for  the  public  not  only  on  rail- 
ways, but  from  all  public  service  corporations. 

State  Board  of  Control  which  supervises  the 
business  and  financial  policies  of  the  state. 

81 


Besides  the  above  there  are  the  state  boards  of 
agriculture,  charities  and  corrections,  dental  exam- 
iners, health,  industrial  accident,  medical  examiners, 
pharmacy;  also  commissions  known  as  the  fish 
and  game,  harbor,  state  highway,  social  insurance, 
horticulture,  insurance,  etc. 

It  is  through  these  boards  and  commissions  that 
the  people  of  the  state  can  obtain  better  government 
and  the  condition  of  the  laboring  classes  improved. 
Example  after  example  of  this  can  be  shown  in  the 
records  of  the  railroad  commission,  the  industrial 
accident  board  and  the  insurance  commission. 

THE  JUDICIAL  DEPARTMENT. 

This  branch  of  the  state  government  is  of  the 
utmost  importance  to  the  people,  for  here  the  laws 
are  interpreted  and  the  rights  of  individuals  deter- 
mined. 

In  California  the  judiciary  consists  of: 

The  Supreme  Court. 

The  District  Courts  of  Appeal. 

The  Superior  Courts. 

The  Police  Courts  and  Justices  of  the  Peace. 

All  these  officers  are  elected  directly  by  the 
people. 

The  State  Supreme  Court  is  composed  of  seven 
judges  chosen  for  a  term  of  twelve  years  at  a  sal- 
ary of  eight  thousand  dollars  per  year.  The  fol- 
lowing are  the  judges  now  in  office: 

F.  M.  Angellotti,  Presiding  Justice. 
Lucien  Shaw.  W.  G.  Lorigan. 

M.  C.  Sloss.  Henry  A.  Melvin. 

F.  W.  Henshaw.  Wm.  P.  Lawlor. 

82 


The  District  Court  of  Appeal  is  divided  into 
three  parts  as  follows: 

First  Appellate  District:  San  Francisco,  Alameda 
County  to  Santa  Cruz  on  the  south  and  Sonoma 
on  the  north. 

Thos.  J.  Lennon,  Presiding  Justice. 
Frank  H.  Kerrigan. 
John  E.  Bichards. 

Second    Appellate    District:     Los    Angeles,    Kern 
County  and  the  south. 
N.  P.  Conrey,  Presiding  Justice. 
W.  P.  James. 
Victor  E.  Shaw. 

Third  Appellate  District:  Sacramento  County  and 
the  north. 

N.  P.  Chipman,  Presiding  Justice. 
Elijah  C.  Hart. 
Albert  G.  Burnett. 

These  judges  are  elected  for  a  term  of  twelve 
years,  at  a  salary  of  seven  thousand  dollars  per 
year. 

There  are  fifty-eight  counties  in  California  and 
a  Superior  Court  for  each  county.  This  does  not 
mean  that  there  is  one  judge  for  each  county,  as 
the  court  may  be  composed  of  as  many  judges  as 
sixteen  as  in  the  City  and  County  of  San  Francisco. 

Each  superior  judge  serves  six  years  at  a  yearly 
salary  of  six  thousand  dollars.  These  courts  are 
really  the  backbone  of  the  judicial  system,  as  upon 
them  fall  the  duty  of  first  trying  cases;  these  are 
the  judges  who  are  closest  in  touch  with  the  people. 
These  too,  are  the  state  courts  that  examine  ap- 
plicants for  citizenship. 

83 


The  Justice's  Court  is  the  lowest  in  the  judicial 
system.  In  it  are  tried  petty  cases  and  misde- 
meanors. In  California  all  civil  cases  involving 
sums  less  than  three  hundred  dollars  may  be  tried 
in  this  court.  These  judges  are  elected  by  the 
people.  Their  salary  varies  with  the  size  of  their 
community. 

In  the  cities  where  there  are  numerous  small 
offenses  against  property  and  citizens  there  is 
also  a  court  known  as  the  police  court. 

As  said  above  the  superior  judges  come  closest 
in  touch  with  the  people.  They  try  the  cases,  be- 
fore them  come  the  witnesses  and  the  evidence  first 
hand.  Where  there  is  a  dispute  on  the  law  in- 
volved in  the  case,  then  the  litigant  may  carry  this 
point  to  either  of  the  higher  courts  depending  upon 
the  character  of  the  suit. 

COUNTY  GOVERNMENT. 

The  governmental  subdivision  next  smaller  than 
the  state  is  the  county.  It  originated  in  Virginia 
with  the  first  colonists  from  England  who  remem- 
bering their  shire  government,  incorporated  it  into 
the  county.  There  are  over  three  thousand  counties 
in  the  United  States,  so  nearly  every  person  in  this 
country  lives  within  one.  In  California  this  is  the 
chief  unit  of  government  for  those  living  outside 
cities,  although  it  must  be  remembered  that  there 
are  also  political  divisions  known  as  townships  and 
school  districts. 

There  are  fifty-eight  classes  of  counties  in  Cali- 
fornia, a  class  being  created  for  each  county. 

84 


The  governing  body  of  the  county  is  known  as 
the  board  of  supervisors  or  commissioners.  It 
consists  usually  of  from  three,  to  seven  members. 
Their  terms  vary  from  two  to  four  years.  Some 
of  their  duties  are  as  follows:  they  fix  the  tax 
rate  for  the  county,  repair  and  build  roads  and 
bridges,  provide  for  county  buildings,  appropriate 
money  for  county  officials  salaries,  and  the  expenses 
of  government,  provide  poor  houses,  etc. 

County  officers  in  California  are  as  follows: 

1.  Board  of  Supervisors. 

2.  District  attorney. 

3.  Sheriff. 

4.  Auditor. 

5.  Treasurer. 

6.  County  clerk. 

7.  License  collector. 

8.  Tax  collector,  also  a  license  collector. 

9.  Assessor. 

10.  Superintendent  of  schools. 

11.  Public  administrator. 

12.  Coroner. 

13.  Surveyor. 

14.  Live  stock  inspector. 

15.  Fish  and  game  warden. 

16.  Such  other  officers  as  may  be  appointed  by 
law. 

17.  Eecorder. 

85 


COUNTIES. 


1  Alameda 

2  Alpine 

3  Amador 

4  Butte 

5  Calaveras 

6  Colusa 

7  Contra  Costa 

8  Del  Norte 

9  El  Dorado 

10  Fresno 

11  Glenn 

12  Humboldt 

13  Imperial 

14  Inyo 

15  Kern 

16  Kings 

17  Lake 

18  Lassen 

19  Los  Angeles 

20  Madera 

21  Marin 

22  Mariposa 

23  Mendocino 

24  Merced 

25  Modoc 

26  Mono 

27  Monterey 

28  Napa 

29  Nevada 


30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 


Orange 

Placer 

Plumas 

Eiverside 

Sacramento 

San  Benito 

San  Bernardino 

San  Diego 

San  Francisco 

San  Joaquin 

San  Luis  Obispo 

San  Mateo 

Santa  Barbara 

Santa  Clara 

Santa  Cruz 

Shasta 

Sierra 

Siskiyou 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 


86 


TOWN  GOVERNMENT. 

Town  government  as  developed  in  New  England, 
with  its  town  meeting  and  board  of  selectmen  is 
not  known  throughout  California.  This  is  due  to 
the  fact  that  the  municipal  government  act  of  1883 
permits  any  community  of  five  hundred  inhabitants 
or  over  to  organize  as  a  city.  The  advantages  of 
city  over  town  organization  are  so  many  that  the 
town  is  practically  unknown  here. 

The  township,  however,  is  a  local  subdivision  of 
the  county.  In  this  state  it  serves  as  a  judicial 
district,  for  it  is  the  unit  for  the  election  of  the 
justices  of  the  peace  and  constable. 

In  addition  to  the  above  political  subdivisions 
there  are  school  districts. 

CITY  GOVERNMENT. 

The  most  important  of  all  these  governmental 
units  is  the  city.  A  city  is  organized  just  as  is  a 
business,  having  a  charter  and  officers  to  carry  out 
the  provisions  of  it.  The  charter  is  to  the  city 
what  the  Constitution  is  to  the  United  States.  It 
defines  the  powers  of  the  city  and  the  duties  of 
its  officers.  The  charter  is  as  a  rule  granted  by 
the  state  legislature,  although  in  some  states  and 
California  is  of  these,  the  people  through  their 
committees  frame  their  charter  and  then  submit 
it  to  the  legislature  for  approval.  There  are  six 
different  classes  of  cities  in  California,  their  class 
being  determined  by  population. 

The  governing  body  of  the  city  is  usually  known 
as  the  council,  which  is  elected  by  the  people  for 
terms  varying  from  two  to  four  years.  This  body 
makes  the  laws  or  ordinances  as  they  are  called  for 

87 


the  city.  It  provides  for  the  expenditure  of  public 
funds,  the  licensing  of  saloons,  building  of  streets 
and  public  buildings,  looks  after  public  health  and 
sanitation,  borrows  money  by  issuing  bonds  and  in 
general  has  all  the  necessary  powers  for  running 
the  city  affairs. 

The  chief  officer  of  the  city  is  called  the  mayor. 
He  is  the  executive  officer  and  sees  that  the  laws 
are  enforced.  As  a  rule  the  mayor  is  chosen  for 
a  term  of  two  years.  He  is  a  very  powerful  and 
useful  official  if  he  is  given  the  power  to  appoint 
most  of  his  subordinates  and  remove  them.  In 
this  case  he  can  control  his  government.  Where 
the  lower  officials  are  not  in  sympathy  with  the 
mayor,  the  government  does  not  run  smoothly.  He 
has,  of  course,  the  power  to  veto  all  ordinances 
passed  by  council. 

Every  city  has  the  following  departments  al- 
though not  always  known  by  the  same  name,  whose 
heads  are  called  assessors,  tax  collectors,  auditors, 
city  attorneys,  etc. 

Finance. 

Law. 

Public  safety  (health,  fire,  inspectors,  etc.). 

Education. 

Parks. 

Public  works. 

Police. 

COMMISSION  FOKM  OF  CITY  GOVERNMENT. 

This  form  of  city  government  does  away  with 
the  division  of  powers  between  the  legislative  and 
the  executive  branches.  Here  there  are  usually  five 
commissioners  elected,  one  of  whom  is  chosen 

88 


mayor.  In  making  ordinances  and  enforcing  them 
the  mayor  and  the  commissioners  act  together. 
Oakland  and  Berkeley  have  commission  forms  of 
government. 

Among  the  many  duties  performed  by  the  city 
authorities  are  providing  adequate  water  supplies, 
fire  and  police  protection,  street  lights,  cleaning 
streets,  removing  garbage,  inspecting  food,  pro- 
viding parks,  hospitals,  museums,  playgrounds  and 
even  street  railroads. 

SAN  FRANCISCO 

The  interesting  feature  to  be  remarked  about 
the  government  of  San  Francisco  is  that  it  com- 
bines both  city  and  county.  Its  city  area  coincides 
with  its  county.  It  has  both  city  and  county  officers, 
save  in  those  departments  where  the  duties  of  the 
two  would  interfold.  There  is  but  one  legislative 
body  in  the  city,  known  as  the  board  of  supervisors, 
eighteen  in  number,  whose  members  serve  a  term 
of  four  years. 

This  city  has  the  usual  list  of  city  officials  headed 
by  a  mayor.  The  municipal  elections  occur  every 
four  years,  November,  1915,  being  the  last. 

OAKLAND 

This  city  unlike  the  city  and  county  government 
has  what  is  known  as  a  commission  form  of  gov- 
ernment. The  council  or  commission  is  composed 
of  five  members  including  the  mayor.  The  commis- 
sioners are  known  as  commissioners  of  public 
safety,  revenue  and  finance,  public  works,  and 
streets.  There  are  in  addition  the  usual  quota  of 
city  officers. 

89 


BERKELEY 

Berkeley  has  what  has  been  called  the  ideal  com- 
mission form  of  city  government.  The  division  of 
departments  are  similar  to  those  of  the  Oakland 
system,  but  there  are  fewer  appointments,  and  those 
who  are  selected  are  directly  responsible  to  the 
commissioner  who  chooses  them.  In  this  way  there 
are  no  questions  raised  as  to  responsibility. 

Los  ANGELES 

Los  Angeles  is  governed  by  a  Mayor  and  a  council 
of  nine  members.  It  has  its  usual  number  of  other 
city  officers.  An  interesting  feature  of  the  charter 
of  Los  Angeles  was  the  provision  for  a  public  utili- 
ties board,  which  would  supervise  all  public  service 
corporations  in  the  city  of  Los  Angeles.  Another 
step  forward  in  city  government  is  the  provision 
for  a  public  defender,  that  is  a  lawyer  hired  by  the 
city  to  defend  those  who  are  unable  to  pay  a  lawyer 
to  defend  them. 

The  names  of  the  various  city  officials  were  pur- 
posely omitted  from  the  text,  as  they  are  of  little 
importance  to  the  student  and  if  desired  can  be 
readily  ascertained. 


90 


The  Declaration  of  Independence 

In  Congress,  July  4th,  1776. 

THE    UNANIMOUS    DECLAKATION    OF    THE    THIRTEEN 
UNITED   STATES  OF  AMERICA. 

When,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political 
bands  which  have  connected  them  with  another,  and 
to  assume,  among  the  powers  of  the  earth,  the 
separate  and  equal  station  to  which  the  laws  of 
nature  and:  of  nature's  God  entitle  them,  a  decent 
respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them 
to  the  separation. 

We  hold  these  truths  to  be  self-evident:  that  all 
men  are  created  equal;  that  they  are  endowed,  by 
their  creator,  with  certain  inalienable  rights;  that 
among  these  are  life,  liberty,  and  the  pursuit  of 
happiness.  That  to  secure  these  rights,  govern- 
ments are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed;  that 
whenever  any  form  of  government  becomes  destruc- 
tive of  these  ends,  it  is  the  right  of  the  people  to 
alter  or  to  abolish  it,  and  to  institute  a  new  govern- 
ment, laying  its  foundation  on  such  principles,  and 
organizing  its  powers  in  such  form  as  to  them  shall 
seem  most  likely  to  affect  their  safety  and  happi- 
ness. Prudence,  indeed,  will  dictate,  that  govern- 
ments long  established  should  not  be  changed  for 
light  and  transient  causes;  and  accordingly,  all  ex- 
perience hath  shown,  that  mankind  are  more  dis- 
posed to  suffer  while  evils  are  sufferable,  than  to 
right  themselves  by  abolishing  the  forms  to  which 

91 


they  are  accustomed.  But  when  a  long  train  of 
abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under 
absolute  despotism,  it  is  their  right,  it  is  their  duty 
to  throw  off  such  government,  and  to  provide  new 
guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies;  and  such 
is  now  the  necessity  which  constrains  them  to  alter 
their  former  systems  of  government.  The  history 
of  the  present  king  of  Great  Britain  is  a  history 
of  repeated  injuries  and  usurpations,  all  having  in 
direct  object  the  establishment  of  an  absolute 
tyranny  over  these  states.  To  prove  this,  let  facts 
be  submitted  to  a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  whole- 
some and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of 
immediate  and  pressing  importance,  unless  sus- 
pended in  their  operation,  till  his  assent  should  be 
obtained;  and  when  so  suspended,  he  has  utterly 
neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accom- 
modation of  large  districts  of  people,  unless  those 
people  would  relinquish  the  right  of  representation 
in  the  legislature — a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  re- 
pository of  their  public  records,  for  the  sole  pur- 
pose of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  houses  repeat- 
edly, for  opposing,  with  manly  firmness,  his  inva- 
sions on  the  rights  of  the  people. 

92 


He  has  refused,  for  a  long  time  after  such  dis- 
solutions, to  cause  others  to  be  elected;  whereby 
the  legislative  powers,  incapable  of  annihilation, 
have  returned  to  the  people  at  large  for  their  exer- 
cise, the  state  remaining,  in  the  meantime,  exposed 
to  all  the  dangers  of  invasion  from  without,  and 
convulsions  within. 

He  has  endeavored  to  prevent  the  population  of 
these  states;  for  that  purpose  obstructing  the  laws 
for  naturalization  of  foreigners;  refusing  to  pass 
others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of 
lands. 

He  has  obstructed  the  administration  of  justice, 
by  refusing  his  assent  to  laws  for  establishing 
judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone, 
for  the  tenure  of  their  offices,  and  the  amount  and 
payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and 
,  sent  hither  swarms  of  officers,  to  harass  our  people, 
and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  stand- 
ing armies,  without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independ- 
ent of,  and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a 
jurisdiction  foreign  to  our  Constitution,  and  un- 
acknowledged by  our  laws;  giving  his  assent  to 
their  acts  of  pretended  legislation: 

For  quartering  large  bodies  or  armed  troops 
among  us; 


For  protecting  them,  by  a  mock  trial,  from  pun- 
ishment for  any  murders  which  they  should  commit 
on  the  inhabitants  of  these  states ; 

For  cutting  off  our  trade  with  all  parts  of  the 
world ; 

For  imposing  taxes  on  us  without  our  consent; 

For  depriving  us,  in  many  cases,  of  the  benefits 
of  trial  by  jury; 

For  transporting  us  beyond  seas  to  be  tried  for 
pretended  offenses; 

For  abolishing  the  free  system  of  English  laws 
in  a  neighboring  province,  establishing  therein  an 
arbitrary  government,  and  enlarging  its  boundaries, 
so  as  to  render  it  at  once  an  example  and  fit  instru- 
ment for  introducing  the  same  absolute  rule  into 
these  colonies; 

For  taking  away  our  charters,  abolishing  our 
most  valuable  laws,  and  altering,  fundamentally, 
the  forms  of  our  government; 

For  suspending  our  own  legislatures,  and  declar- 
ing themselves  invested  with  power  to  legislate  for 
us  in  all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring 
us  out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts, 
burnt  our  towns  and  destroyed  the  lives  of  our 
people. 

He  is  at  this  time  transporting  large  armies  of 
foreign  mercenaries  to  complete  the  works  of  death, 
desolation,  and  tyranny  already  begun,  with  circum- 
stances of  cruelty  and  perfidy  scarcely  paralleled 
in  the  most  barbarous  ages,  and  totally  unworthy 
the  head  of  a  civilized  nation. 

94 


He  has  constrained  our  fellow-citizens,  taken 
captive  on  the  high  seas,  to  bear  arms  against  their 
country,  to  become  the  executioners  of  their  friends 
and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us, 
and  has  endeavored  to  bring  on  the  inhabitants  of 
our  frontiers,  the  merciless  Indian  savages,  whose 
known  rule  of  warfare  is  an  undistinguished  de- 
struction of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  peti- 
tioned for  redress  in  the  most  humble  terms;  our 
repeated  petitions  have  been  answered  only  by 
repeated  injury.  A  prince  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our 
British  brethren.  We  have  warned  them,  from  time 
to  time,  of  attempts  by  their  legislature  to  extend 
an  unwarrantable  jurisdiction  over  us.  We  have 
reminded  them  of  the  circumstances  of  our  emigra- 
tion and  settlement  here.  We  have  appealed  to 
their  native  justice  and  magnanimity,  and  we  have 
conjured  them  by  the  ties  of  our  common  kindred 
to  disavow  these  usurpations,  which  would  inevit- 
ably interrupt  our  connections  and  correspondence. 
They,  too,  have  been  deaf  to  the  voice  of  justice 
and  consanguinity.  We  must,  therefore,  acquiesce 
in  the  necessity  which  denounces  our  separation, 
and  hold  them,  as  we  hold  the  rest  of  mankind, 
enemies  in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United 
States  of  America,  in  General  Congress  assembled, 
appealing  to  the  Supreme  Judge  of  the  world  for 
the  rectitude  of  our  intentions,  do,  in  the  name  and 

95 


by  the  authority  of  the  good  people  of  these  col- 
onies, solemnly  publish  and  declare  that  these 
United  Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States;  that  they  are  absolved 
from  all  allegiance  to  the  British  crown,  and  that  all 
political  connection  between  them  and  the  State 
of  Great  Britain  is,  and  ought  to  be,  totally  dis- 
solved; and  that,  as  free  and  independent  States, 
they  have  full  power  to  levy  war,  conclude  peace, 
contract  alliance,  establish  commerce,  and  to  do 
all  other  acts  and  things  which  independent  states 
may  of  right  do.  And  for  the  support  of  this 
Declaration,  with  a  firm  reliance  on  the  protection 
of  Divine  Providence,  we  mutually  pledge  to  each 
other  our  lives,  our  fortunes,  and  our  sacred  honor. 


WOEDS  AND  TREK  MEANINGS. 

Majority  vote. — One  equal  to  fifty-one  per  cent 
of  all  votes  cast,  More  than  half.  . 

Plurality  vote. — The  highest  vote.  A  majority 
vote  is  always  a  plurality,  but  a  plurality  vote  need 
not  be  a  majority. 

Primary  election. — The  effect  of  this  election  is 
to  nominate  candidates  for  the  office  in  question. 
As  a  rule  the  candidate  that  obtains  a  majority 
vote  in  the  primary  election  is  considered  elected 
and  need  not  participate  in  the  second  election. 
The  primary  election  precedes  the  final  election 
by  three  or  four  weeks. 

Franchise. — This  is  the  privilege  of  the  ballot  or 
the  vote. 

Suffrage. — Also  means  the  right  to  vote. 

Elector. — A  voter;  also  refers  to  those  men  who 
are  chosen  to  elect  the  President.  These  should 
be  termed  presidential  electors. 

Quorum. — The  number  of  persons  necessary  to 
do  business. 

Ordinance. — Law  passed  by  a  board  of  council- 
men  or  supervisors. 

97 


Initiative-,— The  power  vested  in  the  people  by 
a  recent  amendment  to .  pass  laws  directly,  which 
the  legislature  may  have  refused  to  vote  on  or  con- 
sider. A  petition  with  a  certain  number  of  voters ' 
signatures  is  necessary. 

Referendum. — The  power  vested  in  the  people 
of  the  state  to  approve  or  reject  laws  passed  by 
the  legislature  at  the  next  general  election.  This 
with  the  initiative  gives  the  people  a  control  over 
the  law  making  body  of  the  state  if  they  so  desire. 

Recall. — Like  the  above  this  enables  the  people 
by  obtaining  a  sufficient  number  of  signatures  to 
remove  any  officer  of  the  state  government  they  so 
desire.  It  gives  them  a  chance  to  select  some  other 
candidate  at  the  same  time. 


98 


PRESIDENTS  OF  THE  UNITED  STATES. 

1.  George    Washington 1789  - 1797 

2.  John  Adams -. .  .1797  - 1801 

3.  Thomas  Jefferson 1801  - 1809 

4.  James   Madison 1809-1817 

5.  James  Monroe 1817  - 1825 

6.  John  Quincy  Adams 1825  - 1829 

7.  Andrew  Jackson 1829  - 1837 

8.  Martin  Van  Buren 1837  - 1841 

9.  William  Henry  Harrison 1841  - 1841 

10.  John  Tyler 1841-1845 

11.  James  K.   Polk 1845-1849 

12.  Zachary  Taylor 1849  - 1850 

13.  Millard  Fillmore 1850  - 1853 

14.  Franklin  Pierce 1853  - 1857 

15.  James  Buchanan 1857  - 1861 

16.  Abraham    Lincoln 1861  - 1865 

17.  Andrew    Johnson 1865  - 1869 

18.  Ulysses  S.  Grant 1869  - 1877 

19.  Rutherford  B.  Hayes 1877  - 1881 

20.  James  A.  Garfield 1881  - 1881 

21.  Chester  A.  Arthur . .  1881  - 1885 

22.  Grover   Cleveland 1885-1889 

23.  Benjamin  Harrison 1889  - 1893 

24.  Grover   Cleveland 1893  - 1897 

25.  William  McKinley 1897  - 1901 

26.  Theodore   Roosevelt 1901  - 1909 

27.  William  H.  Taft 1909  - 1913 

28.  Woodrow   Wilson 1913  - 

DIED  IN  OFFICE. 

William  Henry  Harrison,  Apr.  4,  1841. 
Zachary  Taylor,  July  9,  1850. 
Abraham  Lincoln,  Apr.  15,  1865. 
James  A.  Garfield,  Sept.  19,  1881. 
William  McKinley,  Sept.  14,  1901. 

99 


BOOKS  ON  AMERICAN  GOVERNMENT. 

Bryce,  American  Commonwealth,  (1907). 
Channing,  United  States  of  America. 

Thorpe,    Constitutional   History    of   the    American 
People. 

Andrews,  Colonial  Self -Government. 

Greene,    Provincial    America     (American    Nation 
Series). 

Ford,  Rise  and  Growth  of  American  Politics. 

McLaughlin,  The  Confederation  and  the  Constitu- 
tion,  (American  Nation  Series). 

Kasson,  Evolution  of  the  Constitution  of  the  United 
States. 

Smith,  Spirit  of  American  Government. 

Goodnow,  Politics  and  Administration. 

Macy,  Party  Organization  and  Machinery. 

Harrison,  This  Country  of  Ours. 

Fairlie,  National  Administration. 

Eeinsch,  American  Legislatures. 

Dewey,  Financial  History  of  the  United  States. 


100 


BYRNE  &  MCDONNELL 


INVESTMENT  SECURITIES 

MEMBERS 

New  York  Stock  Exchange 
San  Francisco  Stock  and  Bond  Exchange 

Orders  executed  promptly  at  customary  commission  rates 
DEALERS  IN 

Government,  Municipal,  Corporation 

BONDS 

We  recommend  investments  in  California  City  and  School  District 
Bonds  to  pay  4%  to  5%.  These  bonds  are  safe,  can  be  resold  readily 
and  are  not  taxable.  Come  in  and  let  us  explain  to  you  about  them. 


Wir  empfehlen  Anlagen  in 
California  City  und  Schul-Dis- 
trict  Bonds  welche  4%-5%  ein- 
bringen.  Diese  Bonds  sind  sicher 
koennen  schnell  verkauft  wer- 
den  und  zahlen  keine  Steuern. 
Besuchen  Sie  uns  und  lassen 
Sie  uns  es  Ihnen  erklaeren. 


Vi  anbefaler  at  anbringe  penge 
i  California  City  and  School  Dis- 
trict Bonds,  som  betaler  4  @  5%. 
Disse  bonds  er  sikre,  kan  let 
realiseres  og  er  skattefri.  Kom 
og  lad  os  forklare  herom. 


Raccomandiamo  investimenti 
nelle  obbligazioni  di  citta  e 
scuole  della  California  che 
pagano  dal  4  al  5%.  Queste 
obbligazioni  sono  assolutamente 
sicure  e  possono  facilmente 
essere  rivendute  e  non  sono  sog- 
?ette  a  tasso.  Venite  e  vi  daremo 
migliori  e  piu  dettagliate  infor- 
mazioni. 


Nous  recommandons  comme 
placement  rapportant  4  ou  5  pour 
cent  les  "California  City  and 
School  District  Bonds".  Ces  ob- 
ligations sont  de  tout  repos, 
exemptes  de  taxes,  et  peuvent 
etre  ne"gocie"es  a  tout  moment. 
Venez  nous  voir  et  nous  vous 
donnerons  toutes  explications 
necessaires. 


242  Montgomery  Street 
San  Francisco 


60  Broadway 
New  York 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


/)f*T  •  Oo  io^rt 

vi/i  ,«o  1939 

APR     7    1940 

MAR  10t941M 

i|AR_2_8  195B  '  " 

12Juh>/J2 

REC'D  LD 

nil   i  n  4nc7 

JUL  1  U  lot)/ 

RpC^D  ^-D 

rv*—  *• 

itl   n  i  AqC] 

) 

jyLll  W/ 

o-rp  1  2  r 

FE^1rr2UU4 

LD  21-100m-7,'39(402s) 

vr>     ' 
ID     l 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


f 


